Maine landlords must understand everything about eviction notices just as they have to know the ins and outs of lease agreements.
How much notice must a landlord or property management company provide before seeking to evict a tenant for one or more lease violations and what protections do tenants have from eviction?
Learn more about how the eviction process works and what landlords and tenants should expect.
If you’re a landlord seeking to evict a tenant, use a Maine (ME) eviction notice to begin the process. You must write your eviction notice according to Maine state law and give your tenant the legally required time to respond or move out.
In Maine, Title 14, Chapter 709 of the Maine Revised Statutes governs eviction notices and proceedings.
Maine Eviction Notices by Type
Download a free eviction notice customized for Maine state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property.
In Maine, landlords must give tenants 30 days’ notice to move out if they pay month to month.
Download: Word (.docx) or Adobe PDF
7-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if your tenant caused significant damage to the property or is suspected of sexual assault or domestic violence.
If any of the situations listed in 14 Maine Revised Statutes § 6002(1)(A) through (F) apply to your tenant, use this fast-track eviction notice.
Download: Word (.docx) or Adobe PDF
30-Day Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken one or more terms in the lease.
In Maine, landlords must give tenants 30 days’ notice to either comply or vacate before the eviction process can proceed in court.
During that time, tenants may have the option to fix (or “cure”) the problem.
Download: Word (.docx) or Adobe PDF
7-Day Notice to Pay Rent or Quit: Use this notice to notify a tenant if they haven’t paid rent on time.
Landlords consider rent payment late if not received within 15 days of the due date.
In Maine, landlords must give tenants seven days to either pay rent or vacate the property before eviction can proceed in court.
Download: Word (.docx) or Adobe PDF
If you wish to send a letter simply reminding your tenant that rent is late, use a late rent notice.
Maine Eviction Laws & Requirements
Maine law includes statutes and administrative regulations that govern just about every aspect of the eviction process.
- Eviction Lawsuit: Maine Revised Statutes (M.R.S.) Title 14, Chapter 709
- Late Fee Penalty: A late fee of up to 4% of the monthly rent amount may be collected 15 days from the date the payment is due and if explicitly mentioned in the lease agreement. (14 M.R.S. § 6028)
- Non-Payment of Rent Notice: 7 days (14 M.R.S. § 6002(1)(C))
- Notice of Non-Compliance: 30 days or 7 days for significant damage to the property, the tenant is a perpetrator of sexual/domestic violence or other reasons mentioned in 14 M.R.S. § 6002(1)(A) through (F).
- Lease Termination (Month-to-Month): 30 days (14 M.R.S. § 6002)
What is the Eviction Process in Maine?
Step 1 – Send Tenant Eviction Notice
If the tenant is late paying rent for more than 15 days after their rent payment was due, the landlord may send a 7-day notice to pay rent or quit for non-payment of rent.
This notice will let the tenant know that the rent is late and how much they must pay (by a specified deadline or before the notice period expires) to stop eviction proceedings.
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 30-day notice to quit for non-compliance depending on the lease violation.
For instance, if a tenant is involved in illegal activity on the rental premises, the landlord may send a 7-day notice to quit for non-compliance and then start the eviction process.
Remember that original lease agreements may have a grace period that gives tenants more time after the due date to pay rent than the 15 days noted above.
Also, remember that if tenants have a disability, landlords must allow “reasonable accommodations” to help these renters stay in their homes.
Tenants may ask for “reasonable accommodations” after receiving an eviction notice.
Additionally, the Maine Human Rights Act offers certain protections and tenants may have a discrimination defense if landlords evict them for reasons having to do with:
- Race
- Color
- Sex
- Sexual orientation
- Physical or mental impairment
- Religion
- Ancestry or national origin
- Public assistance status
- Familial status
Step 2 – File Eviction Complaint
Landlords file eviction complaints in the district court where the property is. Check with your county’s court to understand 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. See 14 M.R.S. § 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; and
- 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.
A writ of possession is the court order or eviction order that legally tells tenants they must move out of the rental within 48 hours of receiving the writ.
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 forcibly remove the tenant from the property.
Related Maine Court Forms
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- 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)
Eviction Information for Maine Landlords and Tenants
Below are some resources that may be helpful for landlords and tenants facing eviction in Maine.
Landlords
- Maine Forcible Entry and Detainer (FED) Mediation
- Maine Attorney General’s Model Landlord-Tenant Lease
- Maine Appeals Court and Process
Tenants
-
- Pine Tree Legal Assistance: Rights of Maine Renters
- Consumer Rights When You Rent An Apartment
How to Write an Eviction Notice (Notice to Pay Rent or Quit)
Follow the steps below to write a Maine eviction notice. Use our document builder to easily fill out all necessary details for your eviction notice in Maine.
Step 1 – Fill Out Date of Eviction Notice
Write the date of the Eviction Notice.
Step 2 – Enter the Tenant Information and Property Address
Provide the name of all tenants on the original lease or rental agreement. Enter the full and complete street address for the rental property.
Step 3 – Enter Lease/Rental Agreement Information
Provide the name (or title) and the original lease or rental agreement date.
Step 4 – Enter Late Rent Details
Provide the beginning and end dates for the period the rent is past due. Write the amount of the past due rent, the late fees (if any), and the total amount the tenant owes the landlord.
Step 5 – Sign Notice and Enter Landlord Information
The landlord will sign and date the Eviction Notice. Provide the landlord’s current contact information so the tenant can contact the landlord if necessary.
Step 6 – Provide Proof of Service
Proof of service is an affidavit that shows the property owner or management company served the Eviction Notice to the tenant.
Enter the date of delivery. This is important because it provides evidence of the date of delivery of the notice to the tenant, which starts the number of days the tenant has to pay the past due rent (7 days) or vacate the property.
The person delivering the Eviction Notice, the server, should complete the delivery method, the fields for the person receiving the notice, and the address of the location where the landlord or property manager delivered the notice. The server signs, prints their full name and dates the proof of service.
Sample Maine Eviction Notice
Below is an example of what a Maine eviction notice looks like.
Maine Eviction Notice Sample
maine-eviction-notice-7-day-pay-rent-or-quit