Maine Month-to-Month Lease Agreement

Required Landlord Disclosures (8) 

Maine landlords must include the following lease disclosures at the time of signing.

1. Lead-based paint: Federal law requires landlords to disclose the knowledge or existence of lead-based paint or lead-based paint hazards for all properties built before 1978.
2. Bed bugs: Maine landlords must disclose bed bug infestations in their rental units. If the tenant’s unit has a bed bug infestation or is next to a unit with one, the landlord must inform the tenant. If the tenant asks, the landlord must provide the date of the last bed bug inspection for the unit (Title 14, §6021-A).
3. Radon: Landlords in Maine must test their rental units for radon gas at least once every 10 years. If a residential building was built after March 1, 2014, the owner has 12 months to test the unit. A registered professional must conduct the testing (Title 14, §6030-D).
4. Written costs: Landlords must provide tenants with a disclosure stating the costs of renting the property. The disclosure must include rent, fees, utility service costs, and anything else the tenant may be responsible for (Title 14, §6030-J).
5. Smoking policy: Landlords must list the property’s smoking policy. It should explain whether smoking is allowed anywhere, in certain areas, or prohibited entirely (Title 14, §6030-E).
6. Energy efficiency: Maine landlords must give tenants a statement of energy efficiency when they move in. The statement must include the contact information for the utility supplier or the 12-month energy consumption history. The landlord and tenant must sign the disclosure. The landlord should keep the document for at least 3 years (Title 14, §6030-C).
7. Late or returned check fees: Landlords can charge fees for late rent or returned checks, but only if disclosed in the lease. The state caps late fees at 4% of the monthly rent, and landlords can only charge them after 15 days. Returned check fees are capped at the amount of court costs and processing fees, plus 12% interest per year on the amount owed (Title 14, §6028) and (Title 14, §6071).
8. Common area utilities: If the tenants are responsible for paying for common area utilities, the landlord must inform them. Landlords can offer compensation through reduced rent or other methods, but are not required to (Title 14, §6024).

TurboTenant provides each required disclosure with every lease agreement.

Required Notice to Terminate Month-to-Month Agreement

Maine month-to-month lease agreements have no fixed end date. Either party can cancel the lease at any time, as long as they provide proper notice.

Required notice for landlord: 30 days.

Required notice for tenant: 30 days (Title 14, § 6002, 6015).

Rent Increase Laws

Maine has no statewide rent control policy. However, some local jurisdictions have enacted rent control laws. Unlike a fixed-term lease, rent can be increased much more easily for a month-to-month lease, but landlords must provide proper notice.

In Maine, landlords with month-to-month tenants must provide at least 45 days’ notice before raising the rent. If the rent increase is 10% or more, or if the total of multiple increases within a 12-month period reaches 10% or more, the landlord must give 75 days’ notice.

Rent Payment Laws

Grace period: Maine landlords must give tenants at least 15 days to pay rent before considering it late (Title 14, §6028).

Late rent fees: Maine laws allow landlords to charge up to 4% of the monthly rent in late fees after the grace period has ended. They must list these fees in the lease agreement to charge them (Title 14, §6028).

Tenant’s right to withhold rent: If the landlord fails to make necessary repairs promptly, tenants have the right to “repair and deduct.” In other words, tenants can pay for the repairs and deduct that amount from their rent payment (Title 14, §6026).

Pet rent laws: No law in Maine specifically allows or outlaws charging pet rent, but the lease should list that information. The Fair Housing Act forbids landlords from charging rent for service animals or emotional support animals (ESAs).

Security Deposit Rules

Maximum security deposit: Landlords in Maine can charge up to 2 months’ rent for security deposits (Title 14, §6032).

Security deposit receipt: Landlords must disclose the location of the security deposit if the tenant asks, but are not required to unless the tenant asks (Title 14, §6038).

Deduction tracking: If the landlord retains funds from the security deposit, they must give the tenant an itemized list of the deductions when they return the remainder.

Returning a tenant’s security deposit: In tenancies-at-will, landlords must return security deposits within 21 days after the termination of tenancy (Title 14, §6033).

Pet deposit rules: Maine landlords are allowed to charge a pet deposit (as long as the pets are not service animals or ESAs). Combined with the normal security deposit, that amount cannot exceed 2 months’ rent.

Property Access Regulations

Advance notice: Maine landlords must give the tenants “reasonable” notice before entering the property, which is at least 24 hours (Title 14, §6025).

Immediate access: In emergencies, landlords can enter the property immediately and without providing notice (Title 14, §6025-A).

Landlord harassment: If a landlord repeatedly enters the tenant’s unit without notice, it could be considered harassment. In this situation, the tenant may sue for damages (Title 14, §6025).

Rental Agreement Violations

Missed rent payment: If the rent is still late after the grace period ends, landlords may charge a late fee (if stated in the lease) or issue a 7-day Notice to Quit (Title 14, §6002).

Lease violation: If the tenant commits a lease violation, the landlord may issue a 7-day Notice to Quit, and does not have to give the tenant a chance to cure the violation (Title 14, §6002).

Self-help evictions: Landlords should never attempt to evict a tenant on their own. Self-help evictions are illegal in Maine.

Lease abandonment: If a tenant breaks the lease early, they are still liable for the remainder of the rent left on the lease or until the landlord finds a new tenant.