Maine Eviction Process

How to Evict a Tenant in Maine

Step 1: Serve a Notice to Terminate

Eviction notices are governed by Me. Stat. tit. 14, Ch. 709. State law allows tenants until the 15th of the month to pay rent before considering it late, regardless of lease terms. Stat. tit. 14 § 6028. Create a notice to quit with a notice period consistent with Me. Stat. tit. 14 § 6002.

Serve the eviction notice to the tenant by handing it to them in person. If you make three good-faith efforts to deliver the notice, you can serve the tenant by mailing the notice and leaving a copy at the rental property.

Step 2: Complete the Complaint, Summons, and Other Court Documents

Maine requires landlords to submit the following four forms when filing an eviction, according to Me. Stat. tit. 14 § 6004:

• Complaint for Residential Forcible Entry and Detainer: Complete the form and include the names of all tenants as defendants. If more individuals other than the named tenants live on the property, write “all other occupants” on one of the lines for defendants
• FED Summons: Obtain a separate summons for each named defendant from the clerk of the court. The clerk’s office will either print the date on the summons or provide you with a date to write in. The date must be at least seven days after you serve the complaint and other court documents upon the tenant.
• Residential Forcible Entry and Detainer (Eviction) Information Sheet and Mediation Request: You must include this form with your service, but you do not need to fill it out.
• Notice Regarding Electronic Service: Enter your name as the plaintiff and the tenant’s name as the defendant.

Step 3: Serve the Eviction Lawsuit Documents on the Tenant 

Unlike the notice to terminate, you cannot serve the lawsuit documents on your own. You must hire the local sheriff’s office to serve the tenant after the notice to quit period is over. Provide the sheriff with a copy of each complaint, summons, information sheet, and electronic service notice for each tenant being served. Keep a copy of each document for your own records.

The sheriff will attempt to serve the tenant in person. If they fail to do so after three good-faith efforts, the sheriff can leave a copy at the residence and send a copy via first-class mail. The sheriff will notify you if they must complete service by post so you can complete an affidavit of service FED, per Me. Stat. tit. 14 § 6004.

Step 4: File a Forcible Entry & Detainer Lawsuit 

Once you have served the tenant, you can file your lawsuit with the district court in the district where the property is located. The tenant can file a written answer enumerating their defenses within ten days after receiving notice. They may also request alternative dispute resolution through mediation or seek a resolution by working directly with the landlord.

Step 5: Attend the Eviction Hearing 

If you and the tenant fail to reach an agreement before the hearing date, you will attend a hearing before a district judge. The judge will review the evidence you and the tenant presented and decide whether the tenant can continue in possession of the property. If the judge decides in your favor, they will order the tenant to quit the premises by a specific date, usually within seven days of the hearing.

Step 6: Purchase and Serve the Writ of Possession

The tenant may decide to quit the premises per the judge’s order. If they do not, you can purchase a writ of possession from the court. The writ grants permission to have the tenant removed from the premises. However, you must pay the sheriff’s office to execute the writ. Do not attempt to remove the tenant from the premises on your own, as you could face penalties and legal action.

Eviction Reasons

In Maine, the landlord must have cause to evict a tenant before the end of a lease term. However, you can end an expired or month-to-month lease without cause, provided you give sufficient notice.

Termination of a month-to-month lease for no cause requires 30 days’ notice. If the tenant fails to leave following the end of the lease agreement or if they violate lease terms, you may give them seven days’ notice to quit.

Common reasons for eviction include:

• Non-payment of rent
• Material breach of the lease terms
• Serious damage to the rental property
• Creating a nuisance
• Unfit or unsafe housing
• Changing door locks without providing the landlord with a key
• Illegal activities on the premises
• Violent behavior
• Unauthorized subletting

Federal and state laws protect tenants from evictions under certain circumstances. For example, the US Fair Housing Act states that tenants cannot be evicted because of race, color, gender or sex, ethnicity, country of origin, religious orientation, disability, or familial status. For example, you cannot evict a tenant for having a child.

State laws also protect tenants from retaliatory conduct. Me. Stat. tit. 14 § 6001(3) presumes that a landlord is engaging in a retaliatory eviction if they begin the eviction process within six months of any of the following actions:

• The tenant asserted their legal rights per Me. Stat. tit. 14 §§ 6015, 6016, 6021, or 6030-D.
• The tenant complained or submitted a complaint about housing or building conditions to the appropriate enforcement agency.
• The tenant requested repairs in writing as required by housing codes, Me. Stat. tit. 14 § 6021, or the rental agreement.
• The tenant submitted a fair housing complaint with the Maine Human Rights Commission or the US Department of Housing and Urban Development (HUD)
• The tenant reported an act of sexual harassment to the landlord.
• The tenant reported an act of sexual harassment on the part of the landlord or their agent to law enforcement, the Maine Human Rights Commission, or a court.

If you, as the landlord, are presumed to be acting in a retaliatory fashion, the judge will not issue a writ of possession to remove the tenant until you submit a successful rebuttal. Presumption of retaliation may not apply if the tenant has not asserted their rights under Me. Stat. tit. 14 § 6026.

At-Fault Evictions

At-fault evictions, whether for non-payment of rent or lease violations, are typically subject to a seven-day notice to terminate.

1. For Non-Payment of Rent

Overview:

• Use when the tenant fails to pay rent for at least seven days after the date rent is due
• Gives the tenant seven days’ notice to pay the past due rent or quit the premises
• The 7-day notice does not include holidays or weekends
• Must consist of specific statutory language
• Legal terms and language for a 7-day notice of termination for nonpayment are outlined under Me. Stat. tit. 14 § 6002

2. For Breach of Lease Agreement Terms

Overview:

• Use when the tenant or their family or visitors materially breach the terms of the lease agreement
• Gives the tenant seven days’ notice to vacate the premises
• May provide the tenant the option to cure the breach at the landlord’s discretion
• The 7-day notice for non-compliance does not include holidays or weekends
• Legal terms for a 7-day tenancy termination notice are outlined under Me. Stat. tit. 14 § 6002

3. For Non-Compliance

Overview:

• Use when the tenant or their family or visitors materially breach the terms of the lease agreement
• Gives the tenant 30 days’ notice to vacate the premises
• May provide the tenant the option to cure the breach at the landlord’s discretion
• The 30-day notice includes holidays and weekends
• Legal terms for a 7-day tenancy termination notice are outlined under Me. Stat. tit. 14 § 6002

No-Fault Evictions

No-fault evictions occur when the landlord wishes to end the tenancy even though the tenant has not materially breached the lease agreement. They may arise when the landlord wishes to occupy the property, house a relative, or sell the property to a new owner.

Regardless of the reason, the landlord cannot pursue a no-fault eviction if there is a current lease agreement. They must wait until the lease ends or reach a mutual agreement with the tenant to end it early.

For tenants on a short-term agreement or at-will tenants with no formal lease agreement, the landlord can typically terminate the lease with 30- or seven-days’ notice.

For Month-to-Month or At-Will Tenancy

Overview:

• Use when you wish to end a month-to-month or at-will tenancy
• Gives the tenant 30 days’ notice to vacate
• Deadline includes weekends and holidays
• Legal terms for 30-day notice of termination of tenancy are outlined under Me. Stat. tit. 14 § 6002

Eviction Timeline

Tenant Rights in Maine

Self-Help Evictions

Me. Stat. tit. 14 § 6014 prohibits landlords from evicting the tenant without giving appropriate notice and securing an eviction through the proper judicial process. Such self-help evictions may include the following illegal actions:

• Terminating or interrupting utility service, including water, heat, light, electricity, gas, sewerage, elevator, telephone, or refrigeration
• Seizing, holding, or denying access to the rental property
• Seizing, holding, or denying access to the tenant’s property

If you are found guilty of illegal eviction, the court may allow the tenant to recover actual damages or $250, whichever is greater. You may also have to pay court costs and attorneys’ fees if the tenant took legal action in response to the illegal eviction. You can avoid these pitfalls by following the eviction notice process.

Abandoned Property

After the judge rules in favor of eviction, personal property left in the rental unit must be placed in a safe, dry, and secure storage area. The landlord must notify the tenant by mail of their intention to dispose of the property. The tenant has seven days to claim the property after sending the notice. If the tenant responds, you must continue to store the property for 14 days after the notice date.

For property unclaimed after the 7- or 14-day period, you can:

• Require the tenant to pay for past due rent, damages, and storage costs in exchange for releasing their property.
• Sell the abandoned property for a reasonable market rate and apply the proceeds to past rent, damages, and costs associated with the property storage and sale. You must forward any remaining amount to the Treasurer of State.
• Dispose of the property that has no reasonable market value.

Resources

• Rental Housing Alliance of Southern Maine: Non-profit organization providing resources and information for landlords and property managers
• Maine Revised Statutes, Title 14, Chapter 709: Maine statutes pertaining to evictions
• Pine Tree Legal Assistance: Free and low-cost legal resources for tenants in Maine
• Maine Human Rights Commission: State agency that enforces Maine’s anti-discrimination laws, including the Maine Human Rights Act
• City of Portland Maine Rent Control & Rental Housing Rights: Details about rent control and housing rights in Portland, Maine
• Maine Community Action Partnership (MeCAP): Community action organizations providing resources for Maine residents facing eviction and other housing challenges
• General Assistance: Financial resources to help low-income individuals and families meet basic needs. Apply at your local municipal office.
• Public Housing Agencies (Section 8): Housing agencies and housing authority offices help Maine residents secure subsidies and vouchers through the Department of Housing and Urban Development (HUD) Section 8 program.
• Maine State Housing Authority Energy Assistance Programs: Energy assistance programs for low- and moderate-income households in Maine