Key Takeaways
- A security deposit in Maine Lease Agreements cannot be more than two (2) month’s rent.
- A landlord should provide 24 hours’ notice of intent to enter.
- In certain circumstances, a landlord can dissolve a tenancy with seven (7) days’ notice.
Maine Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
This agreement is crafted for residential rental properties in Maine, providing a solid framework for landlords and tenants to establish their rights and responsibilities under state law.
Maine Apartment Lease
Specifically designed for apartment rentals in Maine, this lease agreement addresses unique considerations such as building regulations, amenities, and tenant conduct within the apartment complex.
Maine Room Rental
Tailored for renting out individual rooms within a property, this template helps landlords and tenants set clear guidelines for shared living spaces, including rules regarding common areas and utilities.
Maine Month-to-Month Lease
Offering flexibility without the commitment of a long-term lease, this agreement allows for short-term rental arrangements in Maine, providing both landlords and tenants the freedom to adjust rental terms as needed.
Commercial Lease Agreement
This agreement is suited for leasing commercial properties in Maine, covering essential aspects such as rent, maintenance responsibilities, and permitted land use to ensure a clear understanding between landlords and tenants for business purposes.
Lease to Purchase Agreement
Providing a structured framework for lease-to-own arrangements, this agreement allows tenants in Maine the option to purchase the property at a later date while providing landlords with stable rental income and potential future sale.
Sublease Agreement
Facilitating subleasing arrangements, this agreement clarifies the responsibilities of the original tenant (sublessor) and the subtenant (sublessee) in Maine, ensuring compliance with state laws and protecting the interests of all parties involved.
Understanding Maine Rental Laws
Staying informed about Maine’s rental laws is crucial to establishing and maintaining clear tenant and landlord relations. Maine lease agreements are regulated by the laws in the Maine Revised Statutes. When creating legally sound documents, it’s best to use these Mainelease agreement templates and keep the following points in mind.
Law | Name | Description |
Title 14, Chapter 709, §6002 | Tenancy at will; buildings on land of another | Outlines notice for termination and reasons for seven-day termination. |
Title 14, Chapter 709, §6015 | Notice of rent increase | Sets out the notice period for rent increases |
Title 14, Chapter 710, §6021-A | Treatment of bedbug infestation | Outlines the landlord’s obligations for dealing with and notifying tenants of bedbug infestations |
Title 14, Chapter 710, §6022 | Receipts for rent payments and security deposits | Sets out the rules for providing rent and security deposit receipts to tenants |
Title 14, Chapter 710, §6025 | Access to premises | Outlines the notice required for the landlord to enter the property |
Title 14, Chapter 710, §6028 | Penalties for late payment of rent | Covers the maximum penalty and the need to include fees in the tenancy agreement |
Title 14, Chapter 710, §6030-B to §6030-E | Environmental lead hazards, Residential energy efficiency disclosure statement, Radon testing, Smoking policy | Sets out the disclosure obligations for radon, energy efficiency, lead hazards, and smoking |
Title 14, Chapter 710-A, §6032 | Maximum security deposits | Outlines the limit for security deposits |
Title 14, Chapter 710-A, §6033 | Return of security deposit | Sets out the terms for returning the deposit |
Title 14, Chapter 710-A, §6034 | Wrongful retention of security deposit | Covers the tenants’ rights if a landlord withholds the security deposit |
Title 14, Chapter 710-A, §6038 | Treatment of security deposit | Outlines how the deposit should be held |
Security Deposit Limits
- The maximum security deposit allowed is equivalent to two (2) months’ rent.
- If a landlord must provide written receipts for rent, they should also provide receipts for security deposits.
- A security deposit must be held in a separate bank account away from the landlord’s other assets but can be held with other deposits. Tenants are permitted to request the name of the institution where the deposit is held.
- Violation of the above point entitles the tenant to recover damages of $500 or one (1) month’s rent, whichever is greater.
- In case the property is sold, the deposit amount should transfer to the new owner.
- Landlords should not retain funds from a security deposit for normal wear and tear.
- If some or all of the security deposit is retained, the landlord must supply an itemized statement with reasons. It must be provided within 30 days in the case of a fixed-term lease or 21 days after the surrender of the property or termination of a tenancy with no fixed term.
- A payment of the differences should accompany the itemized statement.
- Storing and disposing of unclaimed property, nonpayment of utility charges, and rent are included as valid reasons for retaining part of the security deposit.
- Failure to return the deposit or provide the itemized list in the required time entitles the tenant to legal action. They need to give the landlord seven (7) days’ notice. If a landlord fails to act within those seven (7) days, the deposit is presumed wrongfully retained, and the landlord is liable for double the amount they’re withholding.
Eviction Procedures
When using Mainelease agreement templates, consider the following points regarding termination and eviction.
- Under certain circumstances, landlords can terminate the tenancy and evict the tenant with seven (7) days’ notice, including the grounds for termination, and advise the tenant that they can contest the termination in court.
- The landlord must have proof the tenant has caused substantial damage, has caused a nuisance, or is seven (7) days or more in arrears with their rent.
- Payment of the late rent within the seven (7) days’ notice period prevents the termination and the eviction.
- Tenants who perpetrate violence towards the landlord or other tenants can also have their tenancy dissolved with seven (7) days’ notice.
Right to Enter (Landlord)
Maine laws set out the landlord and tenant obligations regarding the landlord’s right to access the premises.
- Apart from an emergency, a landlord must give the tenant notice of their intent to enter the property 24 hours before. Failure to comply or unreasonable repeated demands entitle the tenant to recover damages or $100, whichever is greater.
- Tenants shouldn’t unreasonably withhold consent to enter for necessary purposes, such as repairs.
- Within 48 hours of changing a lock, the tenant should provide the landlord with a duplicate key. In an emergency, if the tenant has changed the locks without providing a key, the landlord can enter by any means necessary and charge the tenant reasonable costs to cover damages.
Disclosures
According to the Maine Revised Statutes, landlords must share certain information with prospective tenants before entering into a rental agreement. A landlord must disclose the following
- Bedbug infestation – If adjacent units have a bedbug infestation
- Energy consumption – The tenant’s right to obtain the history of energy consumption or an energy efficiency disclosure
- Radon – The presence of radon in the building and provide the test results and date.
- Smoking – A written smoking policy
- Common area utilities – if a tenant is responsible for paying bills for utilities in common areas.
- Late or returned check fees – If a late fee is charged and if there’s a fee for returned checks.
- Security deposit – the location and account number where the security deposit is held should be disclosed if the tenant requests the information.
- Lead-based paint – Landlords must inform tenants and any people undertaking repair work about any lead-based paint used in the home in residences built before 1978. A pamphlet about protection from lead hazards must be provided.