A Maine lease agreement is a contract between a landlord and a tenant to use a rental property. This form defines the lease term’s length and the rent amount owed each month. Additionally, lease agreements in Maine outline the responsibilities of both the landlord and tenant(s) and the consequences and solutions to potential problems.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: Yes.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: No.
By Type (6)
Standard Lease Agreement
Outlines the terms and conditions for renting a residential property by a tenant from a landlord.
Month-to-Month Rental Agreement
Offers residents the choice of flexible month-to-month living arrangements, without the requirement of a long-term commitment.
Commercial Lease Agreement
Lets a landlord rent a property to a business.
Rent-to-Own Lease Agreement
Allows a tenant to live on a property and potentially purchase it once the lease term is over.
Sublease Agreement
Provides the subtenant with the permission to lease either the entire property or a portion of it for a defined duration.
Room Rental Agreement
Establish a formal living setup by creating a binding contract involving the primary tenant and fellow occupants.
Required Lease Disclosures
Lease agreements are governed by specific landlord-tenant laws. Some major regulations are as follows [1] :
- Radon Disclosure Form. From 2012 onward, radon testing must be conducted every ten years, and this form must be presented to all tenants [2] .
- Bedbugs Infestation Disclosure. Required if there is an infestation on the premises [3] .
- Security Deposits. The bank name and account number must be disclosed [4] .
- Electricity to Common Areas. Utilities in common areas will not be covered by the tenant [5] .
- Lead-Based Paint Disclosure is to be provided to the tenant before occupancy [6] .
- Residential Energy Efficiency Disclosure Statement. For tenants who pay utilities, an energy efficiency disclosure is required [7] .
- Smoking Policy on the rental property must be disclosed [8] .
Security Deposits
- Maximum Amount: A security deposit of a maximum of two months’ rent may be required. This does not apply to owner-occupied buildings with five or fewer units [9] .
- Receipt: The landlord must provide a written receipt for each security deposit received, whether partially or in full [10] .
- Collecting Interest: Only mobile home park operators are required to collect and pay interest on held security deposits [11] .
- Returning: The landlord must return the funds within 30 days of the end of the tenancy for fixed-term leases or within 21 days for month-to-month leases [10] .
- Withholding Rules: If any portion of the security deposit is retained, the landlord must provide the tenant with a written statement itemizing the reasons for the retention along with the remainder of their security deposit [10] .
Rent Payments
- Laws: Rent is due as specified in the lease agreement.
- Grace Period: 15-day grace period in which the landlord cannot charge a fee or begin eviction proceedings for the late payment of rent [12] .
- Maximum Late Fee: A landlord may not charge more than 4% of the monthly rent amount for late rent payment [12] .
- Rent Control: Maine does not have statewide rent control, but local regulations may apply.
- Withholding Rent: If the landlord fails to pay for utility service in the landlord’s name, then the tenant may pay for the service and deduct the amount paid from their rent [13] .
Landlord Right of Entry
- Notice Requirements: A landlord must give 24 hours’ notice before entering the rental property in any non-emergency situation and may enter a rental property without giving notice to the tenant in an emergency. This includes an emergency in which the welfare of an animal is at risk [14] .
- Keys, Locks, and Security: Landlords must ensure that all rental units have locks and that these locks are functional.
Property Repairs
- Landlord Responsibilities: Landlords must maintain the rental property in a habitable condition and make necessary repairs [15] .
- Tenant Repairs: If the landlord doesn’t make necessary repairs after 14 days of receiving notice, the tenant may make the repairs and deduct the cost from their rent. However, the repair cost can’t exceed $500 or half the monthly rent, whichever is greater [16] .
- Abandonment: Maine state law does not specify the length of time that a tenant must be absent before a rental unit is considered abandoned.
Terminating a Lease
- Month-to-Month Tenancy: Both the tenant and landlord can terminate a monthly tenancy with 30 days’ notice [17] .
- Unclaimed Property: If the tenant leaves any belongings behind after moving out, the landlord must put them in safe storage and give notice to the tenant. The tenant must collect the property within 7 days of receiving notice or 14 days if they respond to the notice. After this period, the landlord may sell the property to cover storage costs, damages, and rent owed, with any excess funds given to the Treasurer of State [18] .
Sample
Our Maine lease agreement template below defines all necessary rental terms.
