Maine eviction law

In a tenancy at will, once rent is 7 or more days in arrears you may end the tenancy on 7 days' written notice. The notice must state that ground, the amount of rent 7 or more days in arrears as of the date of the notice and the reinstatement statement whose wording the statute sets out, and must tell the tenant of the right to contest the termination in court. Under a written lease, the lease's own default terms govern; the 7-day notice applies if the lease has no termination or breach notice term.

14 M.R.S. § 6002(1), (2) 14 M.R.S. § 6001(1-B)

• If the tenant pays the full rent due before the notice expires, the notice is void. After it expires, a tenant at will who pays all arrears, all rent then due and your filing and service fees before the writ of possession issues must be reinstated. 14 M.R.S. § 6002(1) 14 M.R.S. § 6005
• Since January 1, 2024, you must attach to every notice to terminate the form notice posted on the Maine Judicial Branch website. 14 M.R.S. § 6001(7)
• After at least 3 good faith attempts to serve the tenant in hand, you may serve by both mailing the notice first class to the last known address and leaving it at the tenant's home. 14 M.R.S. § 6002(1)
• Payment, or a written assurance of payment, through the general assistance program has the same effect as cash. 14 M.R.S. § 6002(1)
• A wrong arrearage figure or other clerical error that does not materially change the notice does not void it if you show the error was unintentional. 14 M.R.S. § 6002(2)(B)

In a tenancy at will you may end the tenancy on 7 days' written notice, stating the ground, if you can prove the tenant, family or invitees caused substantial damage not repaired before the notice, caused or allowed a nuisance, made the unit unfit or violated the law regarding the tenancy, or for the other listed causes, including violence or threats against other tenants or your staff and an unauthorized occupant. Maine gives no cure period on these notices. Under a written lease, the lease's breach terms control, and this 7-day notice applies if the lease has none.

14 M.R.S. § 6002(1), (2) 14 M.R.S. § 6001(1-B)

• A victim of domestic violence, sexual assault or stalking may not be evicted because of an incident against them at the premises or for reporting it. 14 M.R.S. § 6001(6)(A)
• Section 6025(3) permits seven days' termination notice if a tenant changes a lock and refuses to provide a duplicate key. Its 2026 amendment increases the tenant's entry remedy to $250; it retains this lock provision. This does not replace the required notice contents or court process. 14 M.R.S. § 6025(3)
• Every notice to terminate must advise the tenant of the right to contest in court and attach the Judicial Branch form notice. 14 M.R.S. § 6002 14 M.R.S. § 6001(7)
• When a fixed term expires or is forfeited, you may file for eviction without notice if you file within 7 days. 14 M.R.S. § 6001(1)

An eviction in Maine is a forcible entry and detainer case in District Court. After the notice to quit expires, prepare and serve the court papers, then file the completed packet following the Judicial Branch's instructions. Residential service must include the Judicial Branch information sheet. The court must hold the hearing as soon as practicable and no later than 10 days after the return day, unless it grants a continuance for good cause.

14 M.R.S. § 6003 14 M.R.S. § 6004 Maine Judicial Branch: residential nonpayment guide

• If at least 3 good faith attempts on 3 different days to serve the tenant fail, you may serve by both mailing the summons and complaint first class to the last known address and leaving them at the tenant's home, then file an affidavit showing you did so. 14 M.R.S. § 6004(1)
• The court may refer you and the tenant to mediation at any time. A mediated agreement must be written, signed and approved by the court, and the court may sanction a side that did not try in good faith. 14 M.R.S. § 6004-A
• If you win or the tenant defaults, the court issues the writ of possession 7 calendar days after judgment, and a sheriff or constable serves it. No writ issues in a rent case if the tenant paid what reinstates the tenancy. 14 M.R.S. § 6005 See Notice for unpaid rent on the Maine page
• A tenant who has not left 48 hours after the writ is served is a trespasser, and property left behind is treated as abandoned. 14 M.R.S. § 6005 See Property left behind on the Maine page
• A tenant who wants a recorded hearing must file a written answer listing all known defenses on or before the return day. 14 M.R.S. § 6003
• Changing the locks, cutting utilities or holding the tenant's belongings instead of going to court is an illegal eviction. 14 M.R.S. § 6014(1) See Lockouts and utility shutoffs on the Maine page
• The court's nonpayment guide identifies the residential complaint CV-007, a separate clerk-issued summons CV-034 for each defendant, information sheet CV-256 and notice regarding electronic service. Use the current forms and complete the parties and hearing information carefully. Maine Judicial Branch: residential nonpayment guide
• That guide directs sheriff service of the court packet at least 14 days before the hearing, followed by filing at least three business days before it. Include the termination notice, complaint, summons and service evidence, plus the lease when there is one. Follow the actual summons and current court instructions. Maine Judicial Branch: residential nonpayment guide
• Attend the hearing even if the other side does not. The court offers day-of-hearing mediation without an additional charge. A possession case does not itself collect back rent; the court guide directs a separate claim for that money. Maine Judicial Branch: residential nonpayment guide

An eviction without court process is illegal. You may not willfully interrupt or end any utility service, including water, heat, light, electricity, gas, telephone, sewer, elevator or refrigeration, even one you do not control, except temporarily while repairs are underway or in an emergency. You may not lock the tenant out or hold the tenant's property except by court process.

14 M.R.S. § 6014(1)

• If a court finds an illegal eviction, the tenant recovers actual damages or $250, whichever is greater, or the tenant's reasonable costs and attorney's fees, or both. 14 M.R.S. § 6014(2)
• If you fail to pay for utility service in your name, the tenant may pay and deduct it from rent, and a court awards the amount paid or $100, whichever is greater, plus costs. 14 M.R.S. § 6024-A
• You, your agents and people acting under your direction may not disclose a tenant's, applicant's or occupant's personal information without express consent, with intent to harass, intimidate or cause departure outside the court process and without a legitimate business purpose. Section 6025-B defines covered information and permits specified court, law-enforcement, sale or refinancing, affordable-housing and municipal-inspection disclosures. A violation allows actual damages or $1,000, whichever is greater, an injunction and reasonable attorney's fees after a contested judgment. 14 M.R.S. § 6025-B(1)-(4)

Store property a tenant leaves after vacating, or after a judgment for you, in a safe, dry, secured place, and mail the tenant written notice by first class mail with proof of mailing. If the tenant has left, send it to the last known address with an itemized list, saying you may dispose of the property if the tenant does not respond within 7 days.

14 M.R.S. § 6013(1), (2)

• If the tenant claims the property within 7 days of the notice, release it without demanding any payment and keep storing it for at least 14 days after the notice. If the tenant claims it but does not collect it by the 14th day, the remedies for unclaimed property apply. 14 M.R.S. § 6013(3) to (5)
• Unclaimed property may be held until the tenant pays arrears, damages and storage costs, sold at a reasonable fair market price with the proceeds applied to those amounts and any balance sent to the Treasurer of State, or discarded if it has no fair market value. 14 M.R.S. § 6013(5)(D)
• If the tenant is still in the unit when you send the notice, it may not give less than 7 days after mailing or 48 hours after service of the writ, whichever is longer. 14 M.R.S. § 6013(2)(A)
• A tenant who has not left 48 hours after the sheriff or constable serves the writ is a trespasser, and property left behind is treated as abandoned under these rules. 14 M.R.S. § 6005
• A lease may let you dispose of abandoned property without liability, but only if you follow these notice rules. 14 M.R.S. § 6013(6)

An eviction started within 6 months after the tenant did any of the following is presumed retaliatory, and no writ of possession issues unless you rebut the presumption: asserted rights under the rent increase, habitability, radon or recurring fee sections; complained in good faith to a code enforcement body; asked you in writing, in good faith, for required repairs; filed a reasonable fair housing complaint; told you the tenant or a minor child is a victim of domestic violence, sexual assault or stalking; or reported sexual harassment by you or your agent.

14 M.R.S. § 6001(3)

• The presumption in 14 M.R.S. 6001(3) does not apply to an eviction for one of the 7-day causes or for a lease violation, unless the tenant used the repair and deduct remedy. 14 M.R.S. § 6001(3)
• No writ issues if the tenant proves the eviction retaliates for membership in a tenants' organization. 14 M.R.S. § 6001(4)
• You and your agents may not subject a tenant to sexual harassment. 14 M.R.S. § 6016-A
• A separate presumption applies if, within 6 months before the eviction and before being served the eviction notice, the tenant asserted bedbug rights; it does not apply to an eviction for unpaid rent or substantial damage, so a nuisance or lease-violation eviction is still covered. 14 M.R.S. § 6021-A(4)(D)