A Maine sublease agreement is a legal form that allows a current tenant (sublessor) to rent out all or part of their rental property to a new tenant (subtenant).
Additionally, with a sublease, tenants have the option to sign over the remainder of their lease term to a subtenant. This is helpful for tenants that plan to travel or otherwise need to leave for an extended period of time and don’t want to break their current lease.
In Maine, there are no specific laws regarding subletting, but most leases require the tenant to obtain approval from the landlord before they may sublease the property. The subtenant will then be required to adhere to the terms of the original lease as well as the sublease agreement.
To save time and ensure everything is filled out correctly, we recommend using our free Maine sublease agreement builder or reading our steps on how to write a Maine sublease agreement below.
How to Write a Maine Sublease Agreement
- Name all people involved — Write the full names of the tenant(s), the subtenant(s), and the landlord.
- Include mailing address(es) — Write the mailing address of the unit as well as a forwarding address (if different from the sublet) for the original tenant to receive notices and rent payments.
- Attach a copy of the original lease and list terms — List the original lease dates, and attach a copy of the lease for the subtenant to review.
- List the reason you’re subletting — If you’re subletting while you’re away and expect to come back, note that in the sublease.
- List terms of sublease agreement — Include the beginning and end dates of the sublease agreement.
- Include aspects of the property — Clarify the number of bedrooms, bathrooms, furnishings (if applicable), storage units or parking spaces available to the subtenant. Also include any rules and restrictions regarding things like pets or smoking.
- Calculate rent amount — List the full amount of rent due each month as well as the portion the subtenant will be paying. Include any additional information like utilities or other fees that will be owed.
- Sign and date — Both the sublessor and the subtenant must sign this agreement. The landlord should also sign and approve if required by the original lease.
Maine Sublease Laws
You should check your original lease agreement to see if you’re allowed to sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in Maine. Once you’ve filled out a Maine sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all Maine laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
Maine Landlord-Tenant Laws: Title 14, Chapter 709 of the Maine Revised Statutes
In Maine, a sublessor must:
- Give a subtenant seven days (7) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent to not renew the sublease and/or original lease
Maine Sublease FAQs
Is subletting illegal in Maine?
No, subletting isn’t illegal in Maine. According to the Maine Residential Landlords and Tenant Act, a landlord can not unreasonably refuse a sublet request.
Can a tenant sublet without permission in Maine?
Yes, a tenant can sublet without permission in Maine if the original lease doesn’t specifically include instructions about subleasing.
How to get out of a Maine sublease agreement?
While there are no specific sublease rules under Maine law, a sublessor must still follow the same eviction process that governs standard lease agreements to evict a subtenant or terminate a sublease agreement.