Most landlord-tenant relationships go fine. When they don’t, it’s usually over the same few things: money, repairs, and when someone has to move out. We represent both landlords and tenants around Bangor, so here’s a balanced look at the rules on both sides.
Start with the lease
A written lease is the best way to avoid a dispute. It should cover the rent and due date, the length of the tenancy, who pays which utilities, who handles snow removal and lawn care, rules on pets and guests, and what happens to the security deposit.
Without a written lease, you have what Maine calls a tenancy at will, which either side can end with proper written notice. That’s more flexible, but it leaves a lot of questions unanswered.
Security deposits
Maine limits security deposits to two months’ rent. When the tenant moves out, the landlord has to return the deposit, or give a written list of deductions, within 30 days for a written lease or 21 days for a tenancy at will.
Deductions can cover unpaid rent and damage beyond normal wear and tear. Faded paint and worn carpet are normal wear. Holes in walls are not. Landlords who keep a deposit without a proper reason can owe the tenant more than the deposit itself.
Repairs and habitability
Landlords in Maine have to keep rentals fit to live in: heat, safe water, working plumbing and electrical, and a structure that keeps the weather out. Tenants have to keep the place reasonably clean and not damage it.
If a serious problem isn’t fixed, tenants have options under Maine law, but they need to follow the steps carefully. Simply withholding rent without following the procedure can backfire and lead to an eviction.
Unpaid rent and eviction
If rent is at least seven days late, a Maine landlord can give a seven-day written notice to quit. Other reasons to end a tenancy require different notice periods.
If the tenant doesn’t leave, the landlord has to file an eviction case, called forcible entry and detainer, in District Court. In Bangor, that’s at the Penobscot Judicial Center. Only after the court rules and a writ is issued can a tenant be removed.
Landlords can’t change the locks, shut off the heat or utilities, or remove a tenant’s belongings to force them out. That’s illegal self-help eviction, and it can lead to real penalties.
Retaliation
A landlord can’t raise the rent or start an eviction to punish a tenant for complaining to code enforcement or asserting their legal rights. If the timing looks suspicious, the court will take a close look.
Settling it without court
Many disputes can be settled with a letter, a conversation, or mediation. Maine courts often offer mediation on eviction day, and many cases settle there with a move-out date or a payment plan. A lawyer can help you decide what’s a fair deal.
We help both sides
Whether you own a few units in Bangor, Brewer, or Orono, or you rent and need help with a landlord, Gray & Palmer can help. Call (207) 945-5502, or visit our real estate law page.
This article is general information about Maine law, not legal advice for your situation. Reading it doesn't create an attorney-client relationship. If you have a specific question, call us at (207) 945-5502.
