Maine Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   A Maine notice under 14 M.R.S. Section 6013(2) is the landlord's written statement of intent to dispose of a former tenant's stored property. There is no printed form, but once the tenant has vacated the notice must go by first-class mail with proof of mailing to the last known address, carry an itemized list of the items and containers of items, and advise that if the tenant does not respond within 7 days the landlord may dispose of the property under subsection 5.

2. 2

   The section reaches personal property that remains in a rental unit after entry of judgment in favor of the landlord, and property abandoned or unclaimed by a tenant following the tenant's vacating the unit. Notice may be sent at any time after either event, and storage is not optional: subsection 1 says the landlord shall place the property in a safe, dry, secured location.

3. 3

   Where the tenant is still in possession, the notice goes by first-class mail with proof of mailing to the rental unit address, and it may not limit the time to claim to less than 7 days following the mailing or 48 hours after service of the writ of possession, whichever period is longer.

4. 4

   A claim may be oral or written. If the tenant claims within 7 days after the notice is sent, the landlord may not condition release on payment of rental arrearages, damages, storage costs or any other amount, as long as the tenant makes arrangements to retrieve the property by the 14th day. A tenant who responds also keeps the goods in storage for at least 14 days after the notice was sent.

5. 5

   If no claim arrives within 7 days, or a claim is made but the goods are not retrieved by the 14th day, subsection 5(D) gives the landlord three options: condition release on payment of all rental arrearages, damages and costs of storage; sell for a reasonable fair market price; or dispose of property that has no reasonable fair market value.

6. 6

   Sale money is applied to rental arrearages, damages and the costs of storage and sale, and all remaining balances must be forwarded to the Treasurer of State. The landlord does not keep the surplus. The statute sets no dollar threshold, and it names no special category such as papers, photographs or vehicles, so every item follows the same steps.

7. 7

   A tenant may waive these rights after or upon vacating; an oral waiver must be confirmed in writing by the landlord. A lease or tenancy at will agreement may permit disposal without liability only as long as the landlord complies with the notice provisions. Separately, Section 6014 treats willfully holding a tenant's property other than by proper judicial process as an illegal eviction, with actual damages or $250, whichever is greater, plus costs and reasonable attorneys' fees.

Maine Requirements for Abandoned Tenant Property Notice

• The Event That Opens Section 6013

  Record which event applies: the tenant vacated and left property abandoned or unclaimed, or judgment was entered in favor of the landlord and property remains. Notice may be sent at any time after either. If the tenant is still in possession, the notice goes to the rental unit address and must allow at least 7 days after mailing or 48 hours after service of the writ of possession, whichever is longer.

• Storage in a Safe, Dry, Secured Location

  Subsection 1 says the landlord shall place abandoned or unclaimed property in storage in a safe, dry, secured location. Note the address or room and the date the goods went in, and photograph them. If the tenant responds to the notice, storage must continue for at least 14 days after the notice was sent.

• An Itemized List of Items and Containers

  Subsection 2(B) requires the notice to include an itemized list of the items and containers of items. List each container as a unit, with where it is and a short description, alongside loose items, so the list matches what is actually in storage.

• The 7-Day Statement

  The notice must advise the tenant that if the tenant does not respond within 7 days the landlord may dispose of the property as set forth in subsection 5. Saying also that a timely claim brings release at no charge, with pickup by the 14th day, matches subsections 3 and 5(A).

• First-Class Mail With Proof of Mailing

  Send the notice by first-class mail with proof of mailing to the tenant's last known address, or to the rental unit address if the tenant is still in possession. Keep the proof: the 7-day claim window and the 14th day both count from the date the notice is sent.

• Release Without Charges on a Timely Claim

  If the tenant claims the property, orally or in writing, within 7 days after the notice is sent, release may not be conditioned on any fee, rental arrearages, damages or storage costs, as long as retrieval is arranged by the 14th day. Log the date and form of the claim and the release date.

• The Three Options for Unclaimed Property

  After no claim within 7 days, or a claim with no retrieval by the 14th day, subsection 5(D) allows the landlord to condition release on payment of all rental arrearages, damages and costs of storage, sell for a reasonable fair market price, or dispose of property that has no reasonable fair market value.

• Sale Accounting and the Balance to the Treasurer of State

  Apply sale proceeds to rental arrearages, damages and costs of storage and sale, and forward all remaining balances to the Treasurer of State, as subsection 5(D)(2) requires. Record each sale, buyer and price, each deduction, and the date and amount forwarded.