Tenant Rights and Responsibilities When Renting in Maine

In Maine, tenants have several important rights, including the right to a habitable dwelling, privacy, protection against discrimination, and proper notice before eviction. Maine law (specifically Title 14, Chapter 710) requires landlords to maintain rental units in a fit and habitable condition, make all necessary repairs, and comply with building and housing codes. You also have the right to at least 30 days' written notice before a rent increase and protection against retaliation for reporting code violations or asserting your legal rights.

In Maine, landlords cannot charge more than two months' rent for a security deposit. Additionally, landlords must return your security deposit within 30 days after the tenancy ends if you had a written rental agreement, or within 21 days if there was no written agreement. The landlord must provide an itemized list of any deductions taken from your deposit. If the landlord fails to return your deposit within the required timeframe, you may be entitled to double the amount wrongfully withheld.

Maine law requires landlords to give tenants at least 24 hours' notice before entering a rental unit, except in emergencies. The landlord must enter at reasonable times and have a legitimate reason for entry, such as making repairs, showing the unit to prospective tenants, or inspecting the property. If your landlord repeatedly enters without proper notice, this may constitute harassment or violation of your right to quiet enjoyment.

The notice required depends on the reason for eviction. For tenants with a lease, landlords generally cannot evict until the lease term ends unless the tenant violates lease terms. For at-will tenants (no lease or expired lease), landlords must provide 30 days' written notice for no-cause evictions. However, only 7 days' notice is required for certain violations like non-payment of rent, substantial damage to the premises, creating a nuisance, or threatening the landlord's or other tenants' safety. After the notice period expires, the landlord must file a formal eviction lawsuit (forcible entry and detainer action) and obtain a court order before removing you.

Maine law requires landlords to maintain rental properties in a fit and habitable condition. If essential services or systems need repair (like heat, plumbing, electricity), notify your landlord in writing. If the landlord fails to make necessary repairs within a reasonable time, you may have several options: 1) Use the 'repair and deduct' remedy, where you can fix the problem yourself and deduct the cost from your rent (up to half a month's rent); 2) Withhold rent in certain serious circumstances; 3) File a complaint with local housing authorities; or 4) Terminate the lease if the dwelling is uninhabitable. Document all repair requests and conditions with photos and written communications.

In Maine, landlords must provide at least 45 days' written notice before increasing rent for tenants at will (those without a lease). If you have a lease, the rent generally cannot be increased until the lease term ends, unless the lease specifically allows for increases. Some municipalities in Maine, like Portland, have additional rent control ordinances that may further restrict rent increases. Rent increases cannot be retaliatory or discriminatory. There is no statewide cap on how much rent can be increased unless local ordinances specify otherwise.

Before signing a lease in Maine: 1) Read the entire lease carefully and understand all terms; 2) Inspect the property thoroughly and document any existing damage with photos; 3) Verify what utilities you're responsible for; 4) Understand the security deposit amount and return conditions; 5) Check if there are any restrictions on guests, pets, or property modifications; 6) Clarify maintenance responsibilities; 7) Understand the lease termination process; 8) Get all promises or agreements in writing; and 9) Consider having the lease reviewed by Maine Pine Tree Legal Assistance if you have concerns. Remember that verbal agreements are difficult to enforce, so important terms should be in writing.

Maine has specific heating requirements for rental units. Landlords must maintain heating equipment capable of maintaining a minimum temperature of 68°F measured 3 feet from the floor in all habitable rooms when the outside temperature is below 20°F. If your lease requires you to pay for heat, the landlord must disclose this before you sign the lease. If the heating system fails during cold weather and the landlord doesn't address it promptly, this may constitute a violation of the implied warranty of habitability, potentially allowing you to withhold rent or seek alternative accommodations at the landlord's expense until repairs are made.

In Maine, landlords cannot refuse to rent to you based on protected characteristics under the Maine Human Rights Act and federal Fair Housing Act. These protected categories include race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin, familial status (families with children), and receipt of public assistance (including housing subsidies like Section 8 vouchers). If you believe you've experienced housing discrimination, you can file a complaint with the Maine Human Rights Commission within 300 days of the incident or with HUD within one year.