The Most Commonly Used Maine Lease Agreements
The most commonly used Maine lease agreements include a commercial lease agreement, a standard (annual) lease agreement, a lease to own agreement, a month-to-month lease agreement, and a roommate agreement.
How to Write a Standard Maine Lease Agreement
Maine’s Attorney General provides a standard Maine lease agreement. If you’re going to write your own, you should make sure that your version includes everything that the official version has within it. Your Maine lease agreement should include:
- A landlord column and a tenant column at the top of the lease. Under the column for the landlord, you should list the full legal name, address, and telephone number of the landlord. In the tenant column, you’ll list the full legal name, address, and telephone number of the tenant(s) who will sign the lease.
- If there is a managing agent aside from the landlord, you must create a "Managing Agent" section. It should include the name, address, and phone number of the person or persons authorized by the landlord to manage the property being leased.
- Create a "Length of Lease" paragraph. This paragraph should list the number of months the lease will be active. It should also include the date that the lease begins.
- The next paragraph should be titled "Security Deposit." This section explains what must be paid as a security deposit.
- You’ll need a paragraph titled "Services Provided by the Landlord." This can be done in three columns: basic utilities and services for the residence, landlord, and tenant. In the first column, list the utilities and services associated with the property. For example, water and sewer, electricity, natural gas, and lawn service. If the landlord pays water and sewer and the tenant is required to handle the other utilities and services, you’d put a check or X in the column for "landlord" next to water and sewer. You’d place a check or X in the column for "tenant" next to the other utilities and services.
- You’ll need a paragraph titled "Occupants." This paragraph lists everyone who will live on the property with the tenant. This includes minors.
- Next, you’ll need a paragraph titled "Pets." This paragraph should explain whether pets are allowed. If so, it should explain the type of pets allowed and any restrictions.
- The next paragraph is the "Condition of Residence at the Time Lease Is Signed." This is an area that reports the condition of the property when the landlord and the tenant walk through it together before the lease is signed. You’ll report defects and work or repairs required for the property. It will also explain whether the tenant is paying for or providing the repairs or if the tenant doesn’t need the issue addressed.
- The next paragraph should be titled "Other Agreements." This paragraph explains any other terms or conditions that are part of the lease agreement.
- The last paragraph is titled "Signatures." Both the landlord and the tenant(s) will date and sign the lease agreement. Once it is signed by both parties, it may be legally binding.
The landlord and the tenant should keep a copy of the executed Maine lease agreement.
What Disclosures Must Be Made in a Maine Lease Agreement?
There are several disclosures that must be made in a Maine lease agreement. These disclosures are required by state law:
- Bedbugs. Under state law, if the residential unit had bed bugs or if it is next to a unit that was treated or currently has bed bugs, this must be disclosed to the tenant.
- Utilities for common areas. Under state law, the landlord may not bill the tenant for any utility or service that’s part of a common area unless both parties agree.
- An energy efficiency disclosure must be completed by the landlord. It must be signed by the tenant.
- As of 2012, a landlord is required by law to check for radon every 10 years. A radon disclosure form must be completed and provided to the tenant.
- The landlord is required by law to provide the bank name and account number where the security deposit is deposited.
- The landlord is required to disclose whether smoking is allowed anywhere on the property, only in certain areas, or if there is a no smoking policy.
- Under state law, the landlord must provide the tenant with at least 24 hour notice before entering the property for non-emergency purposes.
Federal law requires that landlords renting out a property that built in 1978 or before must provide a lead paint disclosure.
What You Need to Know about Maine Lease Agreement Deposits
A landlord cannot request more than two months of rent for a security deposit. The landlord must return the security deposit within 30 days for a fixed lease and 21 days for a month-to-month lease.