Maine Residential Lease Agreement
A Maine lease agreement caps the security deposit at 2 months rent and requires a radon disclosure. Build a free lease with attorney review available.
Introduction
A residential lease agreement is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, covering the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In Maine the landlord is often called the lessor and the tenant the lessee, though most Maine statutes simply use landlord and tenant. Maine law caps the security deposit at 2 months rent under 14 M.R.S. Section 6032, and the landlord must return it, or a written itemized statement for any amount withheld for actual cause, within 30 days for a written rental agreement or 21 days after a tenancy at will ends, under Section 6033. No portion may be withheld for normal wear and tear, and missing the deadline forfeits the landlord's right to withhold anything. Maine leases must disclose the results of the most recent radon test (Section 6030-D), any bedbug infestation in an adjacent unit (Section 6021-A), an energy efficiency statement (Section 6030-C), and the smoking policy for the unit and building (Section 6030-A), on top of the federal lead-based paint disclosure for pre-1978 housing. A landlord must give the tenant reasonable notice before entering, and 24 hours is presumed reasonable under Section 6025. Attorney review is available as an option before you sign.
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Key Things to Know
- 1
A residential lease agreement is a binding contract between a landlord and a tenant that sets the rent, the length of the tenancy, the security deposit, each side's responsibilities, and how the tenancy ends.
- 2
Maine caps the security deposit at 2 months rent (14 M.R.S. Section 6032). The landlord must return the deposit, or a written itemization for amounts withheld for actual cause, within 30 days under a written rental agreement or 21 days after a tenancy at will ends (Section 6033). No amount may be withheld for normal wear and tear.
- 3
Maine requires several disclosures beyond the federal lead-based paint notice for pre-1978 housing: the most recent radon test results (Section 6030-D), any bedbug infestation in an adjacent unit (Section 6021-A), a signed energy efficiency statement (Section 6030-C), and the building's smoking policy (Section 6030-A).
- 4
A landlord must give reasonable notice before entering, and 24 hours is presumed to be reasonable notice in the absence of evidence to the contrary (14 M.R.S. Section 6025).
- 5
Late rent penalties are capped at 4% of one month's rent, and rent is not considered late until 15 days after the due date (14 M.R.S. Section 6028), so the effective grace period is 15 days.
- 6
A month-to-month tenancy at will requires at least 30 days' written notice to terminate from either side (Section 6002). A rent increase requires at least 45 days' written notice, or 75 days if the increase is 10% or more (Section 6015-2).
- 7
Maine has no statewide rent control or just-cause eviction statute. Rent control is a local, home-rule option; Portland has adopted a municipal rent-control and just-cause ordinance by citizen referendum, but no state law imposes one.
Key decisions before you file
Before you file a Residential Lease Agreement in Maine, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Maine Requirements for Residential Lease Agreement
Security Deposit Cap and Itemized Return
A Maine landlord may not require a security deposit of more than 2 months rent for a residential dwelling (14 M.R.S. Section 6032). The full deposit, or a written statement itemizing amounts withheld for actual cause, must be returned within 30 days under a written rental agreement or 21 days after a tenancy at will ends (Section 6033). No portion may be withheld for normal wear and tear, and missing the deadline forfeits the landlord's right to withhold anything.
Federal Lead-Based Paint Disclosure
For housing built before 1978, the landlord must disclose known lead-based paint hazards and provide the EPA pamphlet, as required nationwide under 42 U.S.C. Section 4852d. This applies in Maine the same as in every other state.
Radon Test Results Disclosure
Before a tenant enters into a lease or tenancy at will, and within 30 days of receiving new results for an existing tenant, the landlord must disclose the date and results of the most recent radon test and notify the tenant of the right to test and the risks of radon (14 M.R.S. Section 6030-D).
Bedbug Infestation Disclosure
Before renting a dwelling unit, the landlord must disclose to a prospective tenant if an adjacent unit is currently infested with or being treated for bedbugs (14 M.R.S. Section 6021-A).
Energy Efficiency and Smoking Policy Disclosures
Before the tenant enters into a contract or pays a deposit, the landlord must provide a signed energy efficiency disclosure statement (14 M.R.S. Section 6030-C). Maine landlords must also disclose the smoking policy for the dwelling unit and building (Section 6030-A).
Entry Notice of 24 Hours
A Maine landlord must give the tenant reasonable notice before entering and may enter only at reasonable times. Twenty-four hours is presumed to be reasonable notice in the absence of evidence to the contrary (14 M.R.S. Section 6025).
Late Fee Cap and 15-Day Grace Period
A Maine landlord may not assess a late-payment penalty exceeding 4% of the amount due for one month, and rent is not considered late until 15 days after the due date (14 M.R.S. Section 6028).
Termination and Rent-Increase Notice
Either party may end a month-to-month tenancy at will with at least 30 days' written notice (14 M.R.S. Section 6002). A landlord may raise the rent only after at least 45 days' written notice, rising to 75 days' notice if the increase is 10% or more (Section 6015-2). Maine has no statewide rent-control or just-cause statute; rent control exists only where a municipality, such as Portland, has adopted a local ordinance.