Maine Residential Lease Agreement

Maine Standard Residential Lease Agreement

A Maine residential lease agreement is a legally binding contract between a landlord and a tenant for the rental of property intended for residential use. This document establishes the terms and conditions governing the rental arrangement, including the lease duration, rent amount, security deposit, maintenance responsibilities, and required disclosures under Maine law.

Maine has comprehensive landlord-tenant laws codified primarily in Title 14 of the Maine Revised Statutes, Chapter 710 (Rental Property) and Chapter 710-A (Security Deposits on Residential Rental Units). These statutes provide significant protections for tenants while establishing clear obligations for landlords regarding disclosures, security deposits, habitability, and access rights.

This guide covers all statutory requirements for Maine residential leases, including mandatory disclosures, security deposit regulations, rent payment rules, landlord entry rights, and habitability standards. All citations reference the official Maine Revised Statutes available at legislature.maine.gov.

Legal Framework

Residential leases in Maine are governed by state statutes that provide extensive tenant protections. The primary legal authorities include:

Title 14, Chapter 710 - Rental Property (Sections 6021-6030-K)

Title 14, Chapter 710-A - Security Deposits on Residential Rental Units (Sections 6031-6039)

Federal Lead Disclosure Requirements (42 U.S.C. Section 4852d) for pre-1978 housing

Unlike commercial leases, residential leases in Maine cannot waive most statutory protections. Any agreement by a tenant to waive rights provided by these statutes is against public policy and void.

Security Deposit Regulations

Maximum Security Deposit

Maine law limits the maximum security deposit a landlord may require for residential rentals. A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months. ^[1]

Security Deposit Return Timeline

The timeline for returning security deposits depends on the type of tenancy:

Written Lease Agreements: The landlord must return the security deposit within the timeframe specified in the rental agreement, not to exceed 30 days after the termination of the tenancy. ^[2]

Tenancy at Will: For tenancies at will (month-to-month), the landlord must return the deposit within 21 days after termination of the tenancy or surrender of the premises, whichever is later. ^[2]

Itemized Statement Requirement

If a landlord withholds any portion of the security deposit, they must provide a written statement itemizing the reasons for the retention. This statement must be accompanied by payment of the difference between the deposit and the amount retained. Mailing to the tenant's last known address satisfies delivery requirements. ^[2]

Landlords cannot deduct for "normal wear and tear" - only for actual damages beyond ordinary use, unpaid rent, or unpaid utility charges the tenant was required to pay directly to the landlord. ^[2]

Security Deposit Storage

Security deposits must be held in an account at a bank or other financial institution under terms that place the deposit beyond the claim of creditors. Landlords may consolidate multiple tenants' deposits into a single escrow account, even across different buildings with common ownership. ^[3]

Upon tenant request, the landlord must disclose the name of the financial institution and the account number where the security deposit is being held. ^[3]

Wrongful Retention Penalties

Before filing suit for wrongful retention of a security deposit, the tenant must provide 7 days' written notice of intent to sue. If the landlord fails to return the deposit within that period, it is presumed the landlord is wrongfully retaining it. ^[4]

Penalty: A landlord found liable for wrongful retention is liable for double the amount wrongfully withheld, plus reasonable attorney fees and court costs. ^[4]

Violation of deposit storage requirements: Tenants may recover actual damages, $500 or one month's rent (whichever is greater), plus costs and attorney fees. ^[3]

Rent Payment Regulations

Grace Period

Maine law provides a mandatory 15-day grace period for rent payments. Rent is not considered late, and no penalties may be assessed, until payment is more than 15 days past the due date. ^[5]

Maximum Late Fee

A landlord may not assess a late payment penalty that exceeds 4% of the monthly rent amount. ^[5]

Written Notice Requirement

Landlords must provide written notice at the time of lease signing that penalties up to 4% of monthly rent may be assessed for late payments. Without this advance written notice, no late payment penalty may be charged. ^[5]

Receipt Requirements

Landlords must provide a written receipt for each rent or security deposit payment made in cash. Each receipt must include: the date of payment, amount paid, name of the payer, period covered, whether payment is for rent or security deposit, and the signature and printed name of the person receiving payment. ^[6]

*Exemption: *This requirement does not apply to landlord-occupied buildings with 5 or fewer dwelling units. ^[6]

Required Disclosures

Maine law requires landlords to provide several specific disclosures to tenants before entering into a lease agreement or accepting a security deposit:

Bedbug Disclosure

Before renting a dwelling unit, landlords must inform prospective tenants if an adjacent unit or units are currently infested with or being treated for bedbugs. Upon request, landlords must also disclose the date of the last inspection confirming the unit was bedbug-free. ^[7]

Landlords are prohibited from offering for rent any dwelling unit they know or suspect is infested with bedbugs. ^[7]

Energy Efficiency Disclosure

When the tenant will pay utility costs, landlords must provide a residential energy efficiency disclosure statement before the tenant enters into a contract or pays a deposit. ^[8]

*Alternative: *Landlords may provide a list of previous energy suppliers with the statement: "You have the right to obtain a 12-month history of energy consumption" from those suppliers. ^[8]

The tenant must sign the disclosure statement, and the landlord must retain the signed copy for at least 3 years. Beginning January 1, 2030, tenants who do not receive the required disclosure may terminate their lease with 30 days' written notice. ^[8]

Radon Testing Disclosure

Landlords must conduct radon testing every 10 years (or within 12 months of initial occupancy for new buildings). Tests must be performed by professionals registered with the Department of Health and Human Services. ^[9]

Required disclosure content:

The presence of radon in the building, including date and results of the most recent test

Whether mitigation has been completed

Tenant's right to conduct independent testing

Health risks associated with radon exposure

Timing: Notification must occur within 30 days of receiving test results OR before the tenant enters into a lease or pays a deposit, whichever applies. ^[9]

If radon levels exceed 4.0 picocuries per liter, either party may terminate the lease with 30 days' notice. ^[9]

Smoking Policy Disclosure

Landlords must provide written notice of the property's smoking policy before the tenant signs a lease or pays a deposit. ^[10]

The notice must specify whether smoking is:

Completely prohibited on the premises

Permitted throughout the entire property

Allowed only in designated areas (with specific locations identified)

The tenant must sign written acknowledgment of receiving and understanding the smoking policy before entering any rental contract. ^[10]

Lead-Based Paint Disclosure

For properties built before 1978, landlords must comply with federal and state lead disclosure requirements. Before any repair, renovation, or remodeling activity that could disturb lead-based paint, landlords must notify tenants with 30 days' notice (or obtain written waiver). ^{[11] [15]}

Notice methods:

Posted sign on exterior entry doors

Certified mail notice to all units

The waiver must include specific language in 12-point boldface type warning that residences built before 1978 may contain lead paint. Emergency repairs are exempt from the 30-day notice requirement. ^[11]

Common Area Utilities Disclosure

A landlord cannot require tenants to pay for utilities in common areas (hallways, stairwells, basements, attics, storage areas, shared heating systems) unless both parties agree in writing that the tenant will pay in exchange for a stated reduction in rent or other fair consideration that approximates the actual cost. ^[12]

Violation penalty: Tenants may recover actual damages or $250 (whichever is greater), plus attorney fees. ^[12]

Landlord Access to Premises

Notice Requirements

Landlords must provide reasonable notice before entering a rental unit for inspections, repairs, improvements, services, or showing the unit to prospective buyers or tenants. 24 hours is presumed to be reasonable notice in the absence of evidence to the contrary. ^[13]

Exceptions: Emergency situations, including animal welfare concerns, allow entry without 24 hours' notice. ^[13]

Tenant Obligations

Tenants cannot unreasonably deny landlord entry. If a tenant changes locks, they must notify the landlord within 48 hours and provide a duplicate key. Domestic violence victims have 72 hours. ^[13]

Remedies for Violations

If a landlord enters illegally, enters lawfully but acts unreasonably, or makes harassing entry demands, tenants may recover actual damages or $100 (whichever is greater), plus injunctive relief and attorney fees. ^[13]

Warranty of Habitability

Maine law establishes an implied warranty and covenant of habitability for all residential rentals, including mobile homes, apartments, and other structures rented for residential use. ^[14]

Heating Requirements

If the landlord provides heat, they must maintain conditions that do not injure occupants' health and ensure heating systems can sustain a minimum temperature of 68 degrees Fahrenheit at a distance of 3 feet from exterior walls, 5 feet above floor level, at an outside temperature of -20 degrees Fahrenheit. ^[14]

Tenant Remedies

When conditions render a unit unhabitable, tenants may file complaints in District or Superior Court after providing written notice. The tenant must prove the condition endangers or materially impairs health or safety, was not caused by the tenant, and the landlord unreasonably failed to repair it. ^[14]

Courts may:

Issue injunctions ordering repairs

Award rent reductions reflecting lost use value

Authorize temporary vacating without occupancy charges

Enter protective orders as necessary

Quick Reference: Key Maine Requirements

Required Disclosures Checklist