Understanding Eviction Notices in Maine
Landlords in Maine must serve tenants with a written eviction notice before filing in court. The type of notice depends on the reason for eviction, such as unpaid rent, lease violations, or ending a month-to-month tenancy. This document must clearly explain the lease violation, give the correct legal deadline to pay rent or move out, and comply with Maine Revised Statutes Title 14, Chapter 709.
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Types of Eviction Notices in Maine
Maine landlords must select the proper eviction notice based on the violation or reason for termination. The timeline for notice varies depending on whether it involves nonpayment, non-compliance, or lease termination.
7-Day Notice to Quit for Non-Payment
Use this notice when a tenant has not paid rent. Under ME Rev. Stat. § 6002(1)(C), landlords must wait until rent is at least 15 days late before serving a 7-day notice to pay or vacate. Delivery must follow the method outlined in the statute.
7-Day Notice to Quit for Non-Payment
Use this notice for rent non-payment, giving tenants a chance to pay or vacate, with specific delivery methods required before eviction.
7-Day Notice to Quit for Non-Compliance
This notice is used when a tenant commits a serious lease violation, such as causing property damage or engaging in dangerous behavior. It must cite the specific violation and give the tenant seven days to comply or move out. This applies under ME Rev. Stat. § 6002(1)(A) when the breach poses a significant issue or threat.
7-Day Notice to Quit for Non-Compliance
Use this notice for lease breaches, requiring tenants to rectify issues or face eviction, with specific violation references needed.
30-Day Notice to Quit for Non-Compliance
For lease violations that don’t warrant immediate eviction, landlords may serve a 30-day notice. The notice must describe the breach and give the tenant time to correct it. If the tenant fails to comply, the landlord may proceed with eviction after the notice period. This process is governed by ME Rev. Stat. § 6002(1).
30-Day Notice to Quit for Non-Compliance
Use this notice for lease violations, detailing the issue and compliance deadline, with eviction possible if unresolved.
30-Day Lease Termination
Landlords must serve a 30-day notice under ME Rev. Stat. § 6002 to end a month-to-month tenancy without cause. This allows either party to end the lease as long as notice is served correctly at least 30 days before the end of the rental period.
30-Day Lease Termination
Use this notice to end month-to-month tenancies without cause, ensuring delivery 30 days before termination to avoid legal issues.
How to Evict a Tenant in Maine
Evictions in Maine must follow the legal process outlined in ME Rev. Stat. Title 14, Ch. 709. Landlords must begin by serving a valid eviction notice. If the tenant does not comply, the landlord can file an eviction case—known as a forcible entry and detainer—with the local district court.
Step 1 – Send Tenant Eviction Notice
If the tenant is late paying rent for more than 15 days after the payment was due, the landlord may send a 7-day notice to pay rent or quit for non-payment of rent. If the tenant violated one or more terms in the lease agreement, the landlord could send a 7-day notice to quit for non-compliance or a 30-day notice to quit for non-compliance, depending on the lease violation.
Remember that the original lease agreement may have a grace period that gives tenants more time after the due date to pay rent than the 15 days noted above. Furthermore, if tenants have a disability, landlords must allow “reasonable accommodations” to help these renters stay in their homes.
Additionally, the Maine Human Rights Act offers certain protections, and tenants may have a discrimination defense if landlords evict them for reasons related to race, sex, color, sexual orientation, physical or mental impairment, religion, familial status, ancestry or national origin, or public assistance status.
Step 2 – File Eviction Complaint
Landlords file eviction complaints in the district court where the property is located. Check with your county’s court to learn about the filing fees and other court costs (including attorney fees) accompanying eviction proceedings.
To begin the eviction (also known as forcible entry and detainer) process, a landlord must personally serve the tenant with a copy of the summons and complaint.
If you make three good-faith efforts to serve the defendant on three different days (including personal service), you may use first-class mail to send the summons and complaint to the tenant’s last known address (ME Rev. Stat. § 6004).
Step 3 – Gather Evidence and Attend Eviction Hearing
Even if the tenant doesn’t come to the eviction hearing or respond to the eviction complaint, it’s still the landlord’s responsibility to show three things:
- There was a valid rental agreement or month-to-month lease in place.
- The tenant had one or more lease violations.
- The landlord is entitled to immediate possession of the leased property and any financial damages.
Evidence for the eviction hearing includes items like a copy of the lease agreement, bank statements or payment records showing the history of rent payments, and photos of the property.
If the tenant does not appear at the eviction hearing, the court will issue a default judgment for the landlord, and the tenant will have to move out of the rental unit immediately.
Step 4 – Obtain Eviction Order
If landlords prove at the eviction hearing that they’re entitled to repossess the rental unit, the district court will issue a judgment of eviction and a writ of possession.
Suppose the tenant fails to move out by the time designated in the writ. In that case, the tenant is considered a trespasser, and the landlord may seek the county sheriff’s or deputy sheriff’s help to remove the tenant from the property forcibly.
Related Maine Court Forms
- Instructions for Filing a Residential Forcible Entry and Detainer (FED) Case (CV-100).
- Complaint for Residential FED (CV-007).
- Request for Issuance of Writ of Possession (CV-195).
- FED Information Sheet and Mediation Request (CV-256).
