Maine Roommate Agreement

Q: Can I remove a roommate without a formal eviction in Maine?

No. Maine has no lodger law like California's and no other statute letting a roommate remove another roommate through self-help. Self-help eviction of a tenant is illegal under 14 M.R.S. Section 6014. A Maine roommate who wants another roommate out should get the landlord or a court involved, not change the locks or remove belongings.

Q: What does a Maine roommate agreement cover that the lease does not?

The lease is between the tenants and the landlord. A Maine roommate agreement is a separate contract between the co-tenants, covering rent splits, chores, guests, and issues Maine's landlord-tenant statutes do not address, like security deposit splitting or how roommates handle a non-paying co-tenant between themselves.

Q: Can a Maine landlord evict every occupant of a unit at once?

Yes. Under 14 M.R.S. Section 6001(1), a Maine landlord can bring one eviction action against all occupants of a unit, including a roommate never named on the lease, by naming all other occupants together with the individuals on the lease or whose tenancy the landlord has accepted rent from. This is a landlord tool, not a right roommates have against each other.

Q: Who is responsible for rent if a roommate in Maine does not pay?

No Maine statute sets a default joint and several rent liability rule among co-tenants. What the landlord can collect from each signer depends on the lease itself. The roommate agreement should state separately how the roommates reimburse each other if one falls behind, since Maine law will not fill that gap.

Q: How do Maine roommates split a security deposit refund?

No Maine statute addresses this. Maine's deposit statute, 14 M.R.S. Section 6032, caps what a landlord can charge at two months rent but governs only the landlord-tenant relationship, not how co-tenants divide a refund. Put the split or reimbursement rule in the roommate agreement, since nothing else will govern it.

Q: Does Maine law let me add a new roommate even if my lease says no?

No. Unlike New York's Roommate Law, no Maine statute gives a tenant an affirmative right to add an occupant over the landlord's objection. The lease controls whether a new roommate may move in, and this agreement cannot override that.

Q: Can a Maine landlord or owner-occupant choose a roommate based on sex or other traits?

Sometimes, but the exemption is narrow. Maine's fair housing law exempts an owner who occupies one unit of a two-family dwelling, or who rents up to four rooms of an owner-occupied one-family dwelling, from selection rules. That exemption never extends to the advertising ban, so even an exempt owner cannot post a listing stating a discriminatory preference.

Q: Does Maine protect classes beyond the federal fair housing list for roommate selection?

Yes. The Maine Human Rights Act protects sexual orientation, gender identity, and a person's status as someone who has sought or received a protection from abuse order, none of which the federal Fair Housing Act lists. Even where the owner-occupied exemption applies to selection, the advertising ban still covers these classes.

Q: Does Portland, Maine have its own roommate ordinance?

No local ordinance addressing roommate selection, roommate removal, or deposit splitting between roommates was found for Portland, Bangor, or any other Maine municipality. Portland's tenant protection rules regulate the landlord-tenant relationship, not private agreements between roommates.

The Maine rules that shape the document: no lodger removal statute, the all other occupants eviction rule, and the fair housing advertising carve-back.

Find out where you stand in Maine

Where are you with your roommate arrangement?

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Introduction

A roommate agreement is a private contract between co-tenants, not a lease, and it does not bind the landlord or change what the lease says. In Maine, a handful of state rules sit on top of the national template: there is no lodger statute letting anyone remove a roommate without a formal court process, a landlord may sue every occupant of a unit at once by naming lease-named tenants and unnamed roommates together as all other occupants, and Maine's fair housing law exempts some owner-occupied shared living from selection rules but not from its advertising ban. Everything else, the rent split, chores, guests, and quiet hours, is covered by the national template.

Key Things to Know

1
Maine has no lodger law like California's. No statute lets an owner-occupier, or any roommate, remove another roommate without going through the same forcible entry and detainer process used against tenants generally (14 M.R.S. Section 6014). Do not treat any Maine roommate as removable by self-help.
2
Maine's entry and detainer statute lets a landlord bring one eviction action against every occupant of a unit at once, by naming all other occupants together with the individuals actually on the lease (14 M.R.S. Section 6001(1)). This is a landlord tool, not a right one roommate has against another.
3
Whether a leaseholder who collects rent from a roommate counts as a landlord for purposes of Maine's self-help eviction ban is not resolved by statute. Because the law is silent, this agreement should not describe any self-help removal process between roommates.
4
No Maine statute sets a joint and several rent liability default among co-tenants. The lease controls what the landlord can collect from each signer, and this agreement should state separately how the roommates reimburse each other.
5
No Maine statute addresses how departing roommates split a security deposit. Maine's deposit statute (14 M.R.S. Section 6032, capping deposits at two months rent) governs only the landlord-tenant relationship, so the split is left to this agreement.
6
Maine's fair housing law exempts an owner-occupied two-family dwelling and up to four rooms of an owner-occupied one-family dwelling from its housing-discrimination rules, but that exemption does not cover the Act's advertising ban (5 M.R.S. Sections 4581(4)(B), 4581-A(1)(C)). A listing still cannot state a discriminatory preference.
7
Maine's Human Rights Act protects sexual orientation, gender identity, and applicants who have sought or received a protection from abuse order, none of which the federal Fair Housing Act lists as protected classes.

Key decisions before you file

Before you file a Roommate Agreement in Maine, a few decisions shape the document: which option to choose and what each one means. The Roommate Agreement guide walks through them.

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MAINE Roommate Agreement (Compact State Terms)

Use this compact set with the full national Roommate Agreement template, which covers general co-tenant terms: parties, rent split, chores, guests, and quiet hours. What follows covers only what Maine law changes. This Agreement is between the co-tenants named in it. It is not a lease, and it does not bind the landlord or alter the lease.

1. Governing Law. This Agreement is governed by the laws of the State of Maine.

2. Occupant Status and Landlord Eviction Actions. No Maine statute defines whether an added roommate is a co-tenant or a subtenant; that depends on the lease. Maine's entry and detainer statute lets a landlord bring one eviction action against every occupant of the unit, whether or not named on the lease, by naming all other occupants together with the individuals on the lease (14 M.R.S. Section 6001(1)). This Agreement does not change who the landlord may name in such an action.

3. No Self-Help Removal Between Roommates. Maine has no lodger statute and no other law letting a roommate remove another roommate without a formal process. Self-help eviction of a tenant is illegal and against public policy under 14 M.R.S. Section 6014. Whether that ban reaches a leaseholder-roommate acting against another roommate, rather than a landlord, is not resolved by statute. Because the law does not say, the parties agree not to change locks, remove belongings, or otherwise force a roommate out without agreement or a court process.

4. Rent Liability to the Landlord. No Maine statute sets a default rule that co-tenants are jointly and severally liable for the full rent. The lease governs what the landlord may collect from each signer. Between themselves, the parties agree to reimburse rent as follows: [specify].

5. Security Deposit Between Roommates. No Maine statute addresses how co-tenants split a deposit refund or reimburse each other for damage. Maine's deposit statute (14 M.R.S. Section 6032) caps a landlord's deposit at two months rent but regulates only the landlord-tenant relationship. The parties agree the deposit will be split or reimbursed as follows: [specify].

6. Adding or Replacing a Roommate. No Maine statute gives a tenant a right to add an occupant over the landlord's objection. This Agreement does not override any landlord consent required by the lease.

7. Roommate Selection and Advertising. An owner who occupies one unit of a two-family dwelling, or who rents up to four rooms of an owner-occupied one-family dwelling, is exempt from the Maine Human Rights Act's selection rules for that unit (5 M.R.S. Section 4581(4)(B)). That exemption does not extend to the advertising ban: a listing may not state a discriminatory preference even where selection itself is exempt (5 M.R.S. Section 4581-A(1)(C)). Maine's protected classes include sexual orientation, gender identity, and protection from abuse order status, beyond the federal list.

8. Local Ordinances. No Portland, Bangor, or other Maine municipal ordinance addresses roommate selection, removal, or deposit splitting. Portland's tenant protection rules regulate the landlord-tenant relationship.

9. No Effect on the Lease. This Agreement binds only the signing co-tenants. It does not modify the lease, bind the landlord, or obligate the landlord to accept a new occupant.

This compact Maine set supplements the national Roommate Agreement template. It is general information, not legal advice; attorney review is available.

Maine Requirements for Roommate Agreement

Maine Has No Lodger or Self-Help Removal Right
Maine has no lodger statute and no other law letting one roommate remove another without a formal process. Self-help eviction of a tenant is illegal under 14 M.R.S. Section 6014. The agreement should not describe or imply any self-help removal right between roommates.
Maine All Other Occupants Eviction Rule
Under 14 M.R.S. Section 6001(1), a Maine landlord may bring one eviction action against every occupant of a unit, including roommates never named on the lease, by naming all other occupants together with the individuals on the lease. This is a landlord mechanism, not a roommate-to-roommate right, and the agreement should not suggest otherwise.
Maine Rent Liability Left to the Lease
No Maine statute sets a joint and several rent liability default among co-tenants. The lease controls what the landlord may collect from each signer. The agreement should state separately how the roommates reimburse each other.
Maine Security Deposit Split Between Roommates
No Maine statute addresses how departing roommates split a security deposit refund. 14 M.R.S. Section 6032 caps the landlord's deposit at two months rent but governs only the landlord-tenant relationship. State the split or reimbursement rule explicitly in the agreement.
Maine Roommate Selection Exemption and Advertising Ban
Maine exempts an owner-occupied two-family dwelling and up to four rooms of an owner-occupied one-family dwelling from housing-discrimination selection rules (5 M.R.S. Section 4581(4)(B)), but the exemption does not cover the advertising ban (Section 4581-A(1)(C)). Maine also protects sexual orientation, gender identity, and protection from abuse order status beyond the federal list.
No Maine Local Overlay Identified
No Portland, Bangor, or other Maine municipal ordinance reaching roommate selection, removal, or deposit splitting between roommates was identified. Portland's tenant protection rules regulate the landlord-tenant relationship only.

Frequently Asked Questions

Can I remove a roommate without a formal eviction in Maine?

What does a Maine roommate agreement cover that the lease does not?

Can a Maine landlord evict every occupant of a unit at once?

Who is responsible for rent if a roommate in Maine does not pay?

How do Maine roommates split a security deposit refund?

Does Maine law let me add a new roommate even if my lease says no?

Can a Maine landlord or owner-occupant choose a roommate based on sex or other traits?

Does Maine protect classes beyond the federal fair housing list for roommate selection?

Does Portland, Maine have its own roommate ordinance?

Find out where you stand in Maine

Introduction

Key Things to Know

Key decisions before you file

Customize your Roommate Agreement Template with DocDraft

MAINE Roommate Agreement (Compact State Terms)

Maine Requirements for Roommate Agreement

Maine Has No Lodger or Self-Help Removal Right

Maine All Other Occupants Eviction Rule

Maine Rent Liability Left to the Lease

Maine Security Deposit Split Between Roommates

Maine Roommate Selection Exemption and Advertising Ban

No Maine Local Overlay Identified

Frequently Asked Questions