Maine State Housing Landlord Rights
The Residential Landlord and Tenant Act, Title 14, Chapter 709 of the Maine Revised Statutes, allows tenants to file complaints against their landlords who use unfair rental provisions in their lease agreements. The Maine Unfair Trade Practices Act protects tenants who rent homes or apartments from unfair rental practices. As a landlord, you also have rights against your tenants under the Maine Revised Statutes.
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Security Deposits
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You have a right to collect security deposits from your tenants to cover incidental damages beyond ordinary wear and tear. However, you may not charge more than two months' rent as an upfront security deposit if you rent buildings with more than five units, and you live on-site. If this applies to you, you must separate your deposits from your personal accounts. To help landlords, Maine recently enacted new legislation that allows them to require surety bonds in lieu of security deposits. For apartment buildings with more than five units and an on-site landlord, the law requires you to return your security deposits within 21 days after your tenants leave. If you deduct from them, then you must provide a written itemization of damages within 21 days, and you must return any remaining fees within 30 days of move-out.
Heat and Property Disclosures
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You must maintain proper heating in your home if you agreed to provide heating as part of your rental fee. Landlords in Maine must keep their homes properly heated to at least 68 degrees Fahrenheit. However, you can enter into a separate written lease agreement to provide heat maintained at 62 degrees, but not lower, if you use a special lease agreement with at least 12-point font and obtain signatures. You must also charge your tenants less for waiving their rights, and accepting heating between 62 and 65 degrees Fahrenheit. You cannot waive your duty to provide heating at 68 degrees for tenants younger than 5 or older than 65. Under Maine law, landlords must disclose any serious defects, even hidden defects, including lead disclosures. For homes built before 1978, you must include a lead disclosure form.
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Eviction Rights
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If you have a written lease agreement, then you can only evict your tenant before the lease ends for a violation of the agreement, and after you provide them with written notice. You must provide your tenants with at least 30 days' written notice to vacate the property. You can evict your tenants after serving them with a notice to vacate by requesting an eviction hearing in District Court and seeking a judicial eviction. Your tenants must also provide you with advance 30 days' written notice to end their lease agreements. You must provide your tenants with notice as to why you are evicting them in your "Notice to Quit." You must also provide them with an opportunity to pay rent if they are delinquent. Your tenants must pay within seven days.
Tenant's Duties
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You have a right to use your tenants' security deposits, limited to two weeks of rent, if they failed to provide you with 30 days' written notice. You can evict your tenants for no reason if you did not enter into a written lease agreement with them after providing proper notice.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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