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Maine

A Maine residential lease agreement is a legal contract between a landlord and tenant for renting property. This agreement typically outlines the lease term, the rent amount, and the responsibilities of both parties. Standard lease agreements are commonly for a one-year period and may automatically renew unless otherwise specified.

Rental Application

A rental application is a document completed by a prospective tenant, used by the landlord to verify the tenant’s financial circumstances and suitability for renting the property.

Required Disclosures

Maine law mandates several disclosures that must be provided to tenants, which include:

  1. Bedbug Disclosure – Required if the property or an adjacent property has a suspected or confirmed infestation.
  2. Electricity in Common Areas – Tenants must be informed that they cannot be billed for electricity in common areas unless agreed upon in writing.
  3. Energy Efficiency Disclosure – Landlords must provide a statement regarding the property’s energy usage and efficiency levels to new tenants.
  4. Lead-Based Paint Disclosure – Required for properties built before 1978, informing tenants of potential lead-based paint hazards.
  5. Radon Disclosure Form – Tenants must be informed of the results of radon inspections conducted every ten years.
  6. Rental Housing Rights Disclosure Form (City of Portland ONLY) – Required disclosures about tenants’ rights for properties located in Portland.
  7. Security Deposit Location – Landlords must disclose the name of the bank and account where any security deposit is held.
  8. Smoking Policy – Details regarding the property’s smoking policy must be provided in writing.

Security Deposit Laws

  • Maximum Amount: The maximum security deposit that can be charged is two months’ rent.
  • Returning: For fixed-term leases, the landlord must return the security deposit within 30 days after the tenant vacates. For month-to-month agreements, the timeframe is 21 days.
  • Written Statement: If any portion of the security deposit is retained, the landlord must provide a written statement itemizing the reasons for the retention along with the remainder of the deposit.

Rent Payment Laws

  • Grace Period: Landlords must provide a 15-day grace period for rent payments.
  • Maximum Late Fee: A landlord may not charge more than 4% of the monthly rent as a penalty for late payments.
  • NSF Fee: A landlord may charge 12% of the rent amount as a penalty for a bounced check.

Landlord Right of Entry

Landlords must give 24 hours’ notice before entering the rental property for non-emergency reasons. In emergencies, landlords may enter without prior notice.

Property Repairs

Landlords are responsible for maintaining the rental property in a habitable condition. If repairs are not made within 14 days of notice, tenants may make necessary repairs and deduct the cost from their rent, with limits on the amount that can be deducted.

Terminating a Lease

For month-to-month tenancies, either party can terminate the lease with 30 days’ notice.

Consequences of Not Including Mandatory Disclosures

Failure to provide required disclosures can lead to legal consequences, including potential fines and lawsuits from tenants. For example, landlords who do not comply with bedbug notice requirements may face penalties of $250 or actual damages, whichever is greater.

Lease Agreement Validity

A Maine lease agreement is legally binding once signed by both parties. It does not need to be notarized to be valid. Leases can automatically renew unless otherwise specified.

FAQs

In Maine, required disclosures for residential lease agreements include bedbug disclosure, electricity in common areas, energy efficiency disclosure, lead-based paint disclosure (for properties built before 1978), radon disclosure, security deposit location, smoking policy, and, if applicable, a rental housing rights disclosure for properties in Portland.

In Maine, the maximum security deposit that a landlord can require is two months’ rent. This applies to most rental agreements, but does not apply to owner-occupied buildings with five or fewer units.

In Maine, if a lease agreement is for a fixed term, the landlord must return the security deposit within 30 days of the tenant moving out. For month-to-month agreements, the landlord has 21 days to return any unused portion of the deposit.

Maine law provides a 15-day grace period for rent payments. During this time, landlords cannot charge late fees or initiate eviction proceedings for late rent.

Yes, a lease agreement can automatically renew in Maine. Typically, when the initial lease term ends, it transitions to a month-to-month tenancy unless either party takes action to terminate it.

If a landlord in Maine fails to provide required disclosures, they may face legal consequences, including potential lawsuits from tenants. For example, failing to comply with bedbug disclosure requirements can result in penalties of $250 or actual damages, whichever is greater.

In Maine, landlords may charge a maximum late fee of 4% of the monthly rent if the payment is at least 15 days late. This fee must be disclosed and agreed upon in the rental agreement.

While a written lease agreement is not strictly necessary for all rental arrangements in Maine, it is highly recommended. A written lease provides clear terms and protections for both landlords and tenants, especially for fixed-term leases.