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The Maine eviction notice is a written notice drafted and signed by the landlord (the property owner) or property manager when the tenant fails to comply with the lease terms in some way. It gives the tenant a certain amount of time, known as a notice period, to correct the violation (curable violation) or vacate the property.
Better known as a notice of quit, eviction notices are governed by Maine’s landlord-tenant law. They are the first step in the eviction process. To learn more about how to evict a tenant, the property owner or property manager should seek legal advice.
In Maine, an eviction process is officially referred to as a forcible entry detainer. When successfully, an eviction lawsuit may mean that the landlord receives an eviction order that gives them the right to enter the property, recover court costs, monetary damage for any substantial damage the renter caused to the rental unit, filing fees, and attorney fees.
There are two basic types of Maine eviction notices. They both have the same basic components:
Maine eviction notices are also known as a notice to quit. How many days the tenant receives to correct the issue or leave the property depends on the reason the eviction notice is issued. They may also have specific additional components.
A 7-day notice to quit for non-payment of rent notifies the tenant that they have seven days to pay their rent or vacate the property. This notice should inform the tenant of:
Landlords should note that while Maine landlord-tenant law states that rent is late if it is not paid on the day of the month listed in the lease, they may not charge a late fee until the rent is 15 days past due. This Maine eviction notice is governed by Title 14 § 6002.
A 7-day notice to quit for non-compliance is used when a tenant violates the lease by performing at least one of the following (aside from non-payment of rent):
With this notice, the tenant has seven days to correct the violation or vacate the property. This notice should:
If there is no language in the lease that outlines unacceptable activities or if there is only an oral contract, this notice may still be used. This notice is governed by Title 14 § 6001(1-B), § 6002(1), and § 6025(3).
A 30-day notice to quit isn’t an eviction notice. However, it does end a month-to-month lease, also known as a tenancy at will. The tenant doesn’t have to violate the month-to-month tenancy. Either the tenant wants to move or the landlord wants to regain possession of the property. This letter gives the tenant 30 days of notice when issued by the landlord. It should include the date by which the tenant should vacate the property. A 30-day notice to quit for a month-to-month lease is regulated by Title 14 § 6002.
Landlord-tenant law states that the landlord or their agent must personally serve the tenant on the rental property. They must make three attempts in good-faith. If service is not made after those three attempts, the notice may be posted on the front door or other visible location on the rental property. The landlord must also send a copy of the eviction notice via first-class mail to the tenant’s last-known address.
Maine landlord-tenant laws govern the eviction process, including why eviction notices may be issued and how they must be served. Eviction notices must include explaining why the notice is issued and how long the tenant has to correct the lease violation.
It is illegal in the State of Maine for a landlord to change the locks, turn off the utilities, or remove the tenant’s belongings without a court order. It is also illegal for a landlord to engage in what is referred to as retaliatory eviction. In plain English, this means that a landlord may not evict a tenant because the tenant reports existing code violations. Tenants also may not be evicted based on their race, skin color, religion, country of national origin, gender, disability, or family status. If the landlord is a party to an illegal eviction, the tenant may have the grounds to file a lawsuit against the landlord and be awarded financial compensation.
Maine tenants have rights and obligations under landlord-tenant law. The Attorney General’s Office provides a free PDF download that explains your rights as a tenant when you rent an apartment. Read the eviction notice that you receive. Determine the reason it was given to you and how long you have to correct the problem. If you don’t have a written lease, the landlord can still serve you with an eviction notice. If you have questions about the eviction notice, call your landlord or their agent. Receiving an eviction notice can be a stressful experience. Don’t get upset while you’re on the phone. Getting upset won’t help you sort out the situation.
You cannot be legally evicted for reporting code violations or for one of the seven protected classes listed above under Legal Considerations. The landlord may not remove your belongings, turn off utilities, or change the locks unless they have a court order. If you believe that the eviction against you is illegal, you have several options:
Maine landlords are required to follow landlord-tenant law. Drafting and serving an eviction notice on the tenant is the first step for a landlord who wants to go through the legal process of evicting a tenant. Keep in mind that unless you get a court order, you may not change the locks, remove the tenant’s personal belongings, or shut off the utilities. Those methods are known as “self-help” methods and they are illegal unless you have a court order.
If you have questions or want to know more about your rights and obligations as a landlord, make an appointment to talk with a landlord-tenant attorney.
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