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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. 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. 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. 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. 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. 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. 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. 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 RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (the Lease) is a legally binding contract that sets the terms under which a tenant rents a landlord's residential property, including the rent, the term, the security deposit, each party's responsibilities, and how the tenancy ends.

  1. PARTIES AND PREMISES This Lease is made on [DATE] between [LANDLORD NAME] (the landlord, sometimes called the lessor) and [TENANT NAME] (the tenant, sometimes called the lessee), for the residential property located at [RENTAL ADDRESS], Maine (the Premises).

  2. TERM The tenancy begins on [START DATE] and is either (a) a fixed term ending on [END DATE], or (b) a month-to-month tenancy at will. Either party may end a tenancy at will with at least 30 days' written notice (14 M.R.S. Section 6002).

  3. RENT Tenant will pay $[AMOUNT] rent, due on the [DAY] of each month. Rent is not considered late until 15 days after the due date, and any late fee may not exceed 4% of one month's rent (14 M.R.S. Section 6028).

  4. SECURITY DEPOSIT Landlord may collect a security deposit of up to 2 months rent (14 M.R.S. Section 6032). Landlord will return the deposit, or a written statement itemizing any amount withheld for actual cause, within 30 days after this written agreement ends, or within 21 days if the tenancy is a tenancy at will (Section 6033). No amount may be withheld for normal wear and tear.

  5. DISCLOSURES Landlord discloses: (a) for housing built before 1978, known lead-based paint hazards (42 U.S.C. Section 4852d); (b) the results of the most recent radon test (14 M.R.S. Section 6030-D); (c) whether an adjacent unit is currently infested with or being treated for bedbugs (Section 6021-A); (d) a signed energy efficiency statement (Section 6030-C); and (e) the smoking policy for the unit and building (Section 6030-A).

  6. ENTRY Landlord will give tenant reasonable notice before entering the Premises and will enter only at reasonable times, except in an emergency. Twenty-four hours' notice is presumed reasonable under 14 M.R.S. Section 6025.

  7. MAINTENANCE AND USE Tenant will keep the Premises clean and will not disturb other tenants. Landlord will keep the Premises in a fit and habitable condition and will make repairs needed to comply with applicable housing codes.

  8. TERMINATION Either party may end a month-to-month tenancy with at least 30 days' written notice (14 M.R.S. Section 6002). Landlord may increase the rent only after at least 45 days' written notice, or 75 days if the increase is 10% or more (Section 6015-2). Maine has no statewide rent-control statute; some municipalities, including Portland, have adopted local rent-control or just-cause ordinances.

Signed:

[LANDLORD NAME], Landlord [TENANT NAME], Tenant Date: [DATE] Date: [DATE]

Note: This is a Maine skeleton for a residential lease agreement, governed by 14 M.R.S. chapters 709 and 710-A. For the complete, customizable template, see the full Residential Lease Agreement template.

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.

Frequently Asked Questions

A Maine lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, and set the term. It should also reflect Maine's rules on security deposits (2-month cap), the required radon, bedbug, energy efficiency, and smoking disclosures, entry notice, and late fees, since these apply regardless of what the lease says.

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 landlord must return the deposit, or an itemized statement for any amount withheld for actual cause, within 30 days under a written agreement or 21 days after a tenancy at will ends (Section 6033), and none of it may be kept for ordinary wear and tear.

Yes, you can generate a Maine residential lease agreement template at no cost. Attorney review is available afterward as an optional add-on if you want a licensed attorney to look over the terms before you sign, but it is not required to build or use the template.

No. A residential lease agreement in Maine does not need to be notarized or signed in front of witnesses. It becomes binding once the landlord and tenant sign it. Keep a signed copy for each party, since Maine's disclosure and deposit rules attach to whichever agreement is in force.

No. A Maine landlord must give the tenant reasonable notice before entering and may only enter at reasonable times, except in a genuine emergency. Under 14 M.R.S. Section 6025, 24 hours of notice is presumed reasonable in the absence of evidence to the contrary, though the parties can agree to a different reasonable practice.

Beyond the federal lead-based paint disclosure for housing built before 1978, Maine landlords must disclose the results of the most recent radon test before the tenancy begins and within 30 days of any new test (Section 6030-D), whether an adjacent unit has a bedbug infestation (Section 6021-A), a signed energy efficiency statement before the tenant pays a deposit or signs (Section 6030-C), and the building's smoking policy (Section 6030-A).

A Maine month-to-month tenancy at will can be ended by either the landlord or the tenant with at least 30 days' written notice (14 M.R.S. Section 6002). If the landlord wants to raise the rent, at least 45 days' written notice is required, rising to 75 days' notice if the increase is 10% or more (Section 6015-2).

A Maine landlord cannot charge a late fee that exceeds 4% of one month's rent, and rent is not legally late until 15 days after the due date (14 M.R.S. Section 6028). A lease charging a late fee before that 15-day mark, or above the 4% cap, exceeds what Maine law allows.