Maine Eviction Process

Guide to the Eviction Process in Maine

Eviction in Maine:

Maine eviction law regulates the eviction of tenants by property owners or landlords. Aside from providing a legal process that must be adhered to by the landlord, Maine eviction law offers several protections for the tenant, including the institution of  a requirement of appropriate notice before eviction and the prohibition of evictions based on discrimination.

If a tenant signs a lease, the lease serves as the binding contract; it dictates the relationship between the renter and the landlord. So, in general, the lease will dictate the terms of a Maine eviction. The termination clause (found in the lease) must explicitly express how evict a tenant in Maine; the termination clause provides the reasons and the time limits that for evicting a tenant in Maine. If a termination clause is not found within the lease, the landlord may not evict the tenant for the contractual duration of the lease. Tenants can view helpful pages when they are being evicted> Tenants Help Pages

If the lease does not renew, the tenant, at the end date of the term, may be required to leave without any further notice or communication. If the lease is attached with an automatic renewal provision; however, the landlord may proceed with an eviction only within seven days of the end of the original lease term. In addition to this provision, the landlord may evict a tenant in Maine according to the termination clauses listed in the lease.

 

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How to Evict a Tenant in Maine: At-Will Tenants and Standard Evictions

At-will tenants (those tenants operating without a signed lease) are subject to evictions in Maine at any time and for no affirmed reason. That being said, the landlord—when discussing how to evict a tenant in Maine—must provide the renter with a written notice 30 days or more before the eviction date; this notice does not need to be met with a reason for the eviction, but the eviction may not be processed for discriminatory reasons, such as based on sexual orientation or race of the tenant.

 

How to Evict a Tenant in Maine: At-Will Tenants and Purposeful Evictions

A landlord in Maine may evict at-will tenants with only a seven-day notice to quit if he or she has a valid reason to do so. Reasons for this expedited eviction include: nonpayment of rent (seven days past the due date), disturbing other tenants, not providing the landlord with a key or causing serious damage to the rental space. If the reason for how to evict a tenant in Maine is nonpayment of rent, the tenant may stop the eviction by paying the rent plus any court costs the landlord may incur from proceeding with the eviction process

 

How to Evict a Tenant in Maine: Forced Eviction

Landlords—according to Maine real estate law—may not personally remove a tenant even if the landlord serves a notice to quit and the tenant refuses to leave the unit. In this situation, landlords must attain court orders to evict tenants. After filing with the court, tenants may be served with a summons to see if the tenant can be legally evicted. During this hearing, the tenant will have the opportunity to fight the eviction.

 

 

How to Evict a Tenant in Maine: Common Defenses

Defenses for how to evict a tenant in Maine are plentiful. If the landlord, for starters, does not follow the rules regarding notice, a judge may stop the how to evict a tenant in Maine process and the landlord will be forced to start the process over again.

If a landlord attempts to evict a tenant for nonpayment of rent, the tenant may cite deficiencies in the rental unit that make the space unfit to live. That being said, the tenant—to prove this defense—must show that he or she previously advised the landlord of the underlying problem. When discussing how to evict a tenant in Maine, the tenant may also challenge the eviction process on the grounds that the landlord is attempting a removal as a means of retaliation—the landlord may be upset that the tenant is attempting to exercise his or legal rights.

 

Step by Step: How to Evict a Tenant in Maine

When discussing how to evict a tenant in Maine, you must understand that statutes establish the specific procedures that a landlord must adhere to for the eviction of a tenant from a rental property to be affirmed. 3The failure to follow said procedures will not only result in the renter remaining in the rental property, but will also expose you to a possible claim for violating the tenant’s rights. Before attempting to evict a tenant for violating a lease, you must obtain a general knowledge of the laws on how to evict tenants in Maine.

The first step on how to evict a tenant in Maine is to acquire a standard for seven day notice to quit. Maine tenant law requires you to prepare this form before you formally initiate an eviction lawsuit. On this notice you must insert the reasons the tenant violated the lease. For instance, if the tenant fails to provide you with rent, you must state the amount owed and the number of days it is overdue within the lease. Under Maine tenant law, the tenant must be at least one week behind on rent to start the eviction process.

If the notice to evict is sent for failure to pay rent, you must submit—as pursuant to Maine law—the following clause: “If you pay the amount of rent owed as of the date of this notice before those this notice expires, then this notice as it applies to rent arrearage is void.”

The notice must then be delivered to the tenant in person. When looking at how to evict a tenant in Maine, Maine law requires that you make at least three attempts to deliver the notice to the tenant. After said attempts, you may leave the notice in a conspicuous location at the property.

After delivery of the notice, you must secure a form Petition for Forcible Entry and Detainer if the renter fails to leave the space or pay the owed rent within the time period of the notice. The petition is the form used to initiate the eviction process in the state of Maine.

Complete the petition; include the reasons why you want the tenant removed from your space. After labeling this information, attach the notice to the petition. You must then file the petition with the clerk of the court in the county where the rental space is located.

After completing the above steps, you must attain an initial hearing date from the clerk of the court. If the renter fails to show for the hearing, you will automatically be granted judgment. If the tenant appears and formally request a trial, one will be scheduled.

If a trial is scheduled you must show and present evidence to support your wishes. Applicable evidence includes any witnesses and documents that support your reason for initiating the eviction process. If you win the eviction case, the judge will grant a formal eviction order. This order will include a direction to the sheriff to remove the tenant from the property if he or she does not voluntarily leave the space after trial.

When discussing how to evict a tenant in Maine, landlords are required to file writs of possession if the tenant does not leave the premises within seven days. A writ of possession grants the rights to the property back to you, the landlord. When the writ is filed, a sheriff or bailiff will accompany you to remove the tenant and his/her property from the residence. At this time the locks will be changed and the property will be yours and yours alone. After this process is carried-out, the tenant has 48 hours to vacate the premises.

 

Termination of Leases Without Termination or Notice Language

Leases without specific termination or notice language may now be terminated with proper notice.  This change was the result of a delayed reaction to an almost 30-year-old Law Court case, Rubin v. Josephson, 478 A.2d 665 (Me. 1984).  The Rubin case held that, when a residential lease does not contain termination language, the landlord may not use the tenancy-at-will provisions of state law to terminate the lease.  The new law overturned this decision.  Although the bill for this amendment was entitled, “An Act to Provide a Remedy to Property Owners When a Tenant Defaults on a Lease,” the law provides relief to both landlords and tenants with leases that do not contain termination provisions or notice language.  Under the new law, a landlord may terminate a lease with 7 days’ notice and appropriate for-cause grounds, even if the lease does not contain language providing for termination in such circumstances.  Similarly, a tenant may terminate a lease lacking termination language upon 7 days’ notice to the landlord in cases where the landlord has materially breached a provision of the lease.  14 M.R.S.A. §6001(1-B).

Although the amendment attempts to “remedy” problems with terminating certain leases, unfortunately the statute does not automatically fix all problems with leases not containing termination provisions.   If you are going to use a lease, you may wish to have an attorney draft or review your existing document to ensure that it protects the landlord in the event of default.

 

Presumption of Retaliation in Eviction Proceedings

Under Maine’s forcible entry and detainer (eviction) laws, a landlord evicted a tenant in retaliation if that tenant exercised certain rights or complained about habitability issues or code violations in the six month prior to the eviction action.  The new law provides added protections for landlords evicting tenants within the six months following a tenant’s complaints.  For example, the amended law provides that presumptions of retaliation do not apply if the eviction “is brought for failure to pay rent or for causing substantial damage to the premises … unless the tenant has asserted a right pursuant to §6026 [regarding dangerous conditions requiring minor repairs]”.   14 M.R.S.A. §6001(3).  In addition, this section makes it clear that the presumption will only apply to housing complaints made in good faith “for which there is a reasonable basis” and only to complaints filed “prior to [the tenant’s] being served with an eviction notice.”  14 M.R.S.A. §6001(3)(E).   There is a similar amendment to the retaliation presumption when a tenant exercises his rights under Maine’s new bedbug law (discussed below).

Landlords should be careful when evicting tenants who have recently made a complaint based on any of the enumerated sections, and should discuss the situation with legal counsel prior to doing so.

 

New Affirmative Defense in Eviction Proceedings

The amended law sets forth a new affirmative defense that a tenant may raise at an eviction hearing in cases where a landlord fails to provide a tenant with a reasonable accommodation under the Maine Human Rights Act or the Fair Housing Act.  The section provides that a court “shall deny forcible entry and detainer and not grant possession to the landlord if the court determines that the landlord has a duty to offer a reasonable accommodation and has failed to do so and there is a causal link between the accommodation requested and the conduct that is the subject of the forcible entry and detainer.”  14 M.R.S.A. §6001(5).  In other words, the tenant must not only prove that he was denied a reasonable accommodation, but also that the denial is the cause of the eviction proceeding.

The new law defines a “reasonable accommodation” as “a change, exception, or adjustment to a rule, policy, or practice or service that is necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common access spaces for that dwelling.” 14 M.R.S.A. §6001(5).  Although this affirmative defense is new, a landlord’s duty to provide a reasonable accommodation for disabilities is not; a judge at an eviction proceeding may look to what accommodations have been considered reasonable in other settings.  If the judge does find that a reasonable accommodation was denied, she moves to the next inquiry – whether the denial caused the eviction.  An example of such a situation might be if a disabled tenant was denied a companion animal and was being evicted for violating a landlord’s prohibition against pets.

If a tenant requests an accommodation, landlords should promptly discuss with counsel any concerns about the request.   Landlords may also contact the Maine Human Rights Commission at 624-6290 for additional information or review the materials on its website.

 

 

Streamlining of a Landlord’s Disposition of a Tenant’s Unclaimed Personal Property

The law setting forth a landlord’s duty with respect to tenants’ personal items left at the dwelling has been amended to make the disposal process easier.  For example, the notice periods that the landlord must provide and the timeframe within which the tenant may claim the property after notice have both been shortened.  The amendment eliminates the need for landlords to value personal property in order to determine whether they can simply dispose of property with proper notice, or whether they must report abandoned property to the state.  Landlords may now dispose of any personal property by complying with the notice provisions of the Maine law.

The amendments also provide for a waiver provision under which, upon vacating a unit without removing all belongings, tenants can agree to waive their rights to notice under this section.  The waiver can be verbal as long as the landlord confirms the agreement in writing.  The new law also provides for waiver provisions in leases of any liability for a landlord’s disposal of a tenant’s abandoned property, as long as the notice provisions are followed.  14 M.R.S.A. §6013.

 

Maine’s Bedbug Law

The new laws amend the “bedbug” laws that went into effect on July 11, 2010.  14 M.R.S.A. §6021-A.  The new bedbug law is comprehensive and imposes ongoing communication and cooperation between landlords and tenants in addressing Maine’s bedbug problem.  It sets forth responsive action upon both parties in the event of an infestation.

 

Duties of Landlord

The law requires the landlord to physically inspect the premises within 5 days of being notified of a possible bedbug infestation.   If bedbugs are confirmed, the landlord then has 10 days to contact a pest control agent who carries a liability insurance policy.   The landlord must then “take reasonable measures to effectively identify and treat the bedbug infestation.”  14 M.R.S.A. §6021-A(2)(D).  The law also requires landlords to disclose bedbug infestation and treatment to potential tenants of adjacent units and prohibits a landlord from renting units that he knows or should know has bedbugs or is being treated for bedbugs.  If a current or potential tenant inquires, a landlord must disclose the last date when the unit was “inspected for a bedbug infestation and found to be free of a bedbug infestation.”  14 M.R.S.A. §6021-A(2)(D).

The law also mandates that “a landlord shall offer to make reasonable assistance available to a tenant who is not able to comply with requested bedbug inspection or control measures,” including providing “financial assistance to the tenant to prepare the unit for bedbug treatment.”  14 M.R.S.A. §6021-A(2)(F).  The law does not define the scope of assistance required, or the extent to which financial assistance must be offered, although the amendments discussed below provide some clarification.  In addition, the law provides that the landlord “may charge the tenant a reasonable amount for any such assistance,” subject to a “reasonable repayment schedule.”  14 M.R.S.A. §6021-A(2)(F).

If a landlord fails to comply with the requirements of this law, there is a presumption of a violation of the warranty of habitability.  Further, the landlord may be “liable for a penalty of $250.00, or actual damages, whichever is greater, plus reasonable attorney’s fees.”  14 M.R.S.A. §6021-A(4)(D).

 

Duties of Tenants

The law requires a tenant to notify the landlord if bedbugs are suspected, and mandates the cooperation of tenants in addressing the bedbug problem.  If the landlord gives reasonable notice to the tenant about his need to inspect for bedbugs, the tenant must allow access to the landlord or his agents for this purpose.  “Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary.”  14 M.R.S.A. §6025.  A tenant’s obligation to provide access for inspection may extend to the tenant’s personal belongings, if the pest control agent reasonably believes such inspection is necessary.

If a tenant fails to comply and cooperate with the landlord or his agents, a landlord may seek a protective order, under which the court could:

“(1) Grant[ ] the landlord access to the premises for the purposes set forth in this section;

(2) Grant[ ] the landlord the right to engage in bedbug control measures; and

(3) Requir[e] the tenant to comply with specified bedbug control measures or assess[ ] the tenant with costs and damages related to the tenant’s noncompliance.”

Following 24 hours after service upon the tenant of the court order, the landlord may enter the premise and take remedial action.

In short, tenants must comply with any “reasonable measures to eliminate and control a bedbug infestation as set forth by the landlord and the pest control agent.”  14 M.R.S.A §6021-A(3)(C).  If the tenant unreasonably fails to be cooperative with respect to pest control treatment, the law gives the landlord the right to step in, get the work done, and then hold the uncooperative tenant financially responsible for the cost “arising from the tenant’s failure to comply.”  14 M.R.S.A. §6021-A(3)(C).

The new law does not require any specific type of treatment.  It simply states that it be effective to eliminate and control bedbugs.  It does not address what happens if the tenant disagrees with the type of treatment the landlord uses (e.g., chemical, non-chemical, organic, or pet safe, etc.), or whether a tenant’s disagreement about treatment methods could constitute an unreasonable failure to comply.

 

2011 Amendments to the July 2010 Bedbug Law

Perhaps the most undefined aspect of the 2010 bedbug law is its requirement that landlords must offer to make reasonable assistance, including financial assistance, to tenants who are unable to comply with their responsibilities under this law.  Although the 2010 law did not define the extent to which landlords must offer assistance, the 2011 amendments make it clear that providing financial assistance to the tenant for purposes of vacating to allow for bedbug treatment does not require the landlord to provide lodging or to “pay to replace a tenant’s personal belongings.’’  This section is still vague, however, in that it merely identifies certain things that would not be required without saying what assistance would be required.

 

Energy Efficiency Disclosure

The law regarding a landlord’s duty to disclose the cost of energy has been amended to allow prospective tenants who will be paying the utility costs of a unit to obtain directly from the energy supplier “the amount of consumption [for the unit] and the cost of that consumption for the prior 12-month period.”  14 M.R.S.A. 6030-C(1).  Also, instead of providing prospective tenants with a residential energy efficiency disclosure statement, the landlord may now require the prospective tenant to obtain the information from the energy supplier as long as the landlord includes in the residential rental application the name of each previous energy supplier, if known, and a notice stating:  “You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier.”  14 M.R.S.A. §6030-C(1).

Although the new laws add notice requirements and other landlord duties, the changes also help landlords by providing additional guidance about claims of retaliation in eviction proceedings, streamlining the process of dealing with abandoned personal property, and addressing other issues that tend to bug landlords.