The Rights of Tenants in Maine

A Pine Tree Legal Assistance Electronic Handbook

CONTENTS

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Tips To Know Before You Rent
Types of Rental Agreements
Security Deposits
Rent
General Assistance
Rent Increases
Unsafe or Unfit Housing
Evictions
Abandoned Property
Sale of Your Building
Discrimination
Electric Charges for Common Areas
Cable TV
Landlord Entering Your Home
Subsidized Housing
Mobile Home Parks
Park Rules
Mobile Home Park Evictions
Unsafe or Unfit Conditions in Mobile Home Parks
Sale of Your Mobile Home
Sale of Mobile Home Park

How To Use This Handbook

This handbook gives you a quick look at Maine's landlord-tenant laws as of October, 1995. The landlord-tenant laws of each state are very different. The law is always changing. Also, you may need more information. If you have a problem with your landlord, ask for legal help. Call Pine Tree Legal or a lawyer you know.

If you call a lawyer to ask for help, tell her if you have a lease or if your rent is subsidized (like Section 8 or public housing). This will affect your rights. If your rent is subsidized, read the Subsidized Housing section first. If you own your own mobile home and rent a lot, go to Mobile Home Parks.

This handbook sometimes tells you that you can go to Small Claims Court. Call Pine Tree Legal or your local District Court for instructions.

Area Pine Tree Offices:

Augusta Office 622-4731
from the Lewiston area: 784-1558
Bangor Office 942-8241
Machias Office 255-8656
Portland Office 774-8211
Presque Isle Office 764-4349

Tips Before You Rent

  • your lease or rental agreement
  • security deposit receipt
  • list of things wrong with the apartment
  • rent receipts (or cancelled checks)
  • landlord's address and phone number

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    Types of Rental Agreements


    Leases

    The agreement you make with your landlord affects what rights you will have. You may sign a written agreement called a lease. A lease lists the names of the landlord and tenant, the address of the apartment, the length of the lease, and the day the rent is due. Most leases contain much more than this. Read these "extra conditions" carefully and understand them before you sign. This handbook will give an idea of what to look for in a lease.

    If you sign a lease, be aware that it sets out the rules you and your landlord agree to follow. For example, it will probably say whether the landlord can evict you before the lease ends, what reasons he must have, and what kind of notice he must give you. If the landlord is trying to evict you, a judge will look at what your lease says to decide the case. If something in a lease is grossly unfair to you, a judge may say that it can't be used against you. But, usually your rights depend on what the lease says.

    Note: If you have a written agreement that does not have a "lease term" (a specific amount of time you will be renting), then you have a "rental agreement," not a lease. Our advice to you is the same. Read the agreement and understand it before you sign!

    Tenancies at Will

    When you rent without a lease, you become a "tenant at will." Maine law gives you certain rights we will tell you about here. For example, to evict you, your landlord must give you time after a written notice and must get a court order if you are still not out. Read more about this under Evictions.

    Hotels, Motels, Inns, and Rooming Houses

    Generally, if you are staying in a hotel or motel, you are not a tenant and do not have the rights of a tenant. A motel owner can evict you on short notice and without going to court.

    If you live in a rooming house, are you a tenant? This is a gray area of the law. The owner may say that you are not a tenant because she has an innkeeper's license, which makes her more like a hotel owner than a landlord. However, there is more to it. If the owner acts like a motel owner by keeping control of the rooms, then you are probably not a tenant. For example, the owner

    If the owner does not do these things, then he is probably a landlord, and you do have tenant's rights.

    If you live in an inn or rooming house and you are not sure about your rights, call Pine Tree Legal.

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    Security Deposits

    What is a security deposit?

    A security deposit is money you give to your landlord when you move in. Your landlord can use it to cover any unpaid rent or damages. You may not use your security deposit to cover your last month's rent unless your landlord agrees.

    How much of a security deposit can my landlord charge me?

    Your landlord cannot make you pay a security deposit which is more than two times your monthly rent. If you live in subsidized housing, your security deposit should be much less. Check with your housing authority.

    Does my landlord have to return my security deposit to me?

    If you owe back rent or you have damaged your apartment, your landlord may deduct those costs from your security deposit. If you owe your landlord more than the amount of your security deposit, he may sue you in court.

    Does my landlord have to pay me interest when returning my security deposit?

    No, not unless you both agreed to this. If you live in subsidized housing, check your lease or ask the housing authority. Your landlord may have to pay interest on your deposit.

    Can my landlord keep my security deposit for any type of damage?

    No, your landlord cannot keep your security deposit for "normal wear and tear." Examples of "normal wear and tear" are:

    The landlord can deduct the cost of fixing damages which are beyond "normal wear and tear." Examples of these damages are:

    If your apartment is damaged by a storm, a fire, or a vandal, tell your landlord right away. He cannot charge you for the repairs if you or your guests did not cause the damage. It is also a good idea to make a police report.

    What kind of notice do I have to give if I am moving?

    If you are a tenant at will (no written lease), you must give your landlord a 30 day written notice. The notice period should end on a rent day. You and your landlord can agree to a shorter notice period, if you agree in writing.

    If you have a lease, read it to see what kind of notice you must give.

    If you do not give the right notice, your landlord may try to charge you for time after you move. If you have a lease, she may try to charge you rent for the rest of the lease term. Again, this will depend on what the lease says.

    Your landlord must try to re-rent your apartment as soon as she knows you have moved out. If she re-rents your apartment right away, she can only charge you for the time you were there and the time it took her to find a new tenant. For example, your rent is $300 a month and you moved out on the 10th day of the month. Your landlord re-rents the apartment on the 15th of the month. You owe $150, or half a month's rent. Your landlord may charge you reasonable expenses for re-renting the apartment if you did not give the right notice.

    When does my landlord have to return my security deposit?

    Your landlord must either return all of your security deposit or send you a letter telling you why he is not giving some or all of it back. He must send this letter to your "last known address." Give your landlord your new address or make sure your mail is being forwarded so that you will get the letter.

    If you are a tenant at will (no written lease), your landlord must give back the deposit or send you the letter within 21 days after you move out and return the key. If you have a lease, check to see what it says. If there is nothing in the lease about this, or if the lease gives more than 30 days, then your landlord has 30 days to return the deposit. This is the legal limit.

    What can I do if my landlord does not return my security deposit?

    Note: If your landlord lives in your building and there are 5 living units or fewer, then you can still sue to get your deposit back but you cannot get twice that amount.

    If I take my landlord to court can he sue me?

    Keep in mind before you sue that if you owe your landlord money, he will probably bring these claims against you to counter your claim for return of the deposit. So, if you owe him more money than he owes you, suing in court may not be a good idea. On the other hand, if he sues you, you can "counterclaim" for return of your deposit and for any other money he owes you.

    Does my landlord have to keep my security deposit in any special account?

    Yes. He has to keep security deposits in an account that is separate from his other accounts. If you ask, the landlord must tell you the name of the bank where the money is deposited and the account number.

    What if my landlord sells my building?

    If your building is sold, your landlord must give your security deposit to the new owner or give it back to you. He can deduct charges for back rent or damages.

    Remember, if you follow these tips, you will have a better chance of getting your security deposit.

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    Rent

    Should my landlord give me a receipt when I pay my rent?

    If you pay any of your rent in cash, the landlord must give you a receipt at the same time. The receipt must include:

    If you live in a building with 5 apartments or fewer and your landlord lives there, he does not have to give rent receipts. If your landlord won't give a receipt, try to pay with a check or money order and keep your own records.

    Can my landlord charge interest on a late payment of rent?

    Yes. If you do not pay your rent within 15 days after it is due, your landlord can charge a late fee. The fee cannot be more than 4% of one month's rent. For example, if your rent is $400 per month, the late charge cannot be more than $16. To charge a late fee, your landlord must tell you in writing when you move in that there will be a fee and how much it will be.

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    General Assistance

    Does my landlord have to accept general assistance rent vouchers?

    Yes. Your landlord cannot refuse your rent just because the town is paying some or all of it.

    What if the landlord refuses to take general assistance?

    First, find out why your landlord will not take general assistance. Maybe the problem is that general assistance only pays by the week but your landlord charges by the month. Ask the town to pay by the month or to agree with your landlord on a payment schedule. If the town will not help, call the Special Services Unit at the Department of Human Services in Augusta. Their toll free number is 1-800-442-6003. If that does not help, call your local Pine Tree Legal office.

    Your landlord cannot refuse to take general assistance simply because he doesn't like city vouchers. You can file a discrimination complaint. Call the Maine Human Rights Commission in Augusta: 1-207-624-6050. If they cannot help, call your local Pine Tree Legal office.

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    Rent Increases

    Can my landlord increase my rent?

    Yes, if you are a tenant at will. Your landlord must give you a 30 day written notice of any rent increase. If your landlord does not do this, you have two choices.

    1. You can refuse to pay the increase, or

    2. You can pay under protest and later sue your landlord for the amount you were overcharged. You can ask the court to order the landlord to pay for your court costs and lawyer's fees. You can also sue in Small Claims Court without a lawyer.

    If you choose not to pay the increase, your landlord may try to evict you. See Evictions.

    If you have a lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different.

    If you live in subsidized housing, your rent is based on your income. So, your rent can be raised or lowered if your income changes.

    Can my landlord increase my rent if there are serious problems with my apartment?

    No. If there are serious problems which could make you sick or unsafe, the landlord must fix the problems before she can charge more rent. For example, your landlord cannot increase your rent if there is no heat in the winter. If you or your guests have caused the problems, then your landlord can raise your rent.

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    Unsafe or Unfit Housing

    Does my landlord have to keep my home safe and in decent condition?

    Yes. Maine law gives tenants an "implied warranty of habitability." This means that your landlord must promise that your home is safe and fit to live in.

    Examples of landlord violations:

    What can I do if my home is not safe?

    What if I think there is lead paint in my apartment?

    You can be tested or have your children tested for lead. Ask your family doctor or clinic about lead tests. If your child's test shows a high level of lead, the lab will tell the Childhood Lead Poisoning Prevention Program in Augusta. They can inspect your home for free and order your landlord to remove the lead.

    If you want to have the paint in your home checked for lead, ask your landlord for help. If your landlord says "no", you can call the Health Environmental Testing Laboratory at 1-207-287-2727 and ask for the Lead Lab. They will tell you how to have your paint tested for lead. This test costs about $35.00.

    Ask Pine Tree Legal or the Childhood Lead Poisoning Prevention Program (1-207-287-4311) for more information.

    Can I fix the problem myself?

    Sometimes if a repair is not too major, you can "repair and deduct." You can fix the problem and deduct the cost of the repair from your next month's rent. Here are the rules:

    1. Your problem must be one that makes your home unhealthy or unsafe. Examples:

    2. You must be able to fix the problem for less than $250 or half of your monthly rent, whichever is greater. For example:

    If the problem is lack of heat and you can fix the problem by buying heating fuel which the landlord had agreed to provide, then you can deduct the cost of the fuel. If the town pays your rent, the town can buy the fuel and deduct it from your next rent payment.

    3. You, your family, or your guests did not cause the problem.

    4. Before you fix the problem, you must write a letter to your landlord. Send the letter by certified mail, return receipt requested. In the letter, ask your landlord to fix the dangerous condition within 14 days (or sooner if it is an emergency). Tell him that if he does not do the repair, you will have it fixed and deduct the cost from your rent. (We have a form letter you can use. Call Pine Tree Legal if you want a copy.) If your landlord offers to fix the problem, then you must let him into your home to do the repair. See Landlord Entering Your Home.

    5. If you have the work done, both the work and the materials must be of good quality. If your problem is with the heating, plumbing, or electricity, you must get a licensed worker to do the repairs.

    6. After the work is done, send the landlord a copy of the bill. Keep the original bill. Then you can deduct the cost from your rent payment.

    Here are a few more "repair and deduct" limitations:

    What if the repairs cost more than $250.00 or half my monthly rent?

    You and your neighbors may be able to use "repair and deduct" together to fix a bigger problem. For example, your building might have a bad roof or furnace which costs a lot to fix. If you had 8 tenants who each pay $400 per month, you could pay for a repair costing as much as $2000 (8 x $250).

    Caution: We do not know of anyone who has tried this before in Maine. If you want to try a group "repair and deduct," try to talk with a lawyer first.

    Can I just refuse to pay my rent if my landlord won't fix things?

    No. You will risk eviction and can still be charged for the rent while you are living there. Talk to a lawyer before you decide to stop paying rent.

    Exception to the rule: If your apartment burns down or is so damaged that you can no longer live there (and it's not your fault), you do not have to pay rent from the day you are forced out.

    I have tried all of the things you have suggested but my home still is not safe. What about suing my landlord in court?

    Warning your landlord of court action may be enough to get him to fix the problem. If not, you may either want to move or to sue.

    To win a lawsuit, you must meet these tests:

    If your landlord does not fix the problem within a reasonable time after you give the written notice, talk to a lawyer about going to court or file a complaint in Small Claims Court yourself. (If you need quick action, going to Small Claims Court may take too long.)

    At a court hearing the judge will decide whether your landlord has given you a safe and healthy place to live. The judge may order any of these remedies:

    Can my landlord make me agree to live in a home that is unsafe or unfit?

    No. A landlord cannot force you to accept unsafe or unfit housing. You can agree voluntarily to live with certain unsafe or unfit conditions. The agreement does not stand unless:

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    Evictions

    Does my landlord have to have a reason to evict me?

    This depends on whether you are a tenant at will or have a written lease.

    If you have a written lease or live in subsidized housing or live in a mobile home park, your landlord probably has to have a reason to evict you.

    If you are a tenant at will (no lease) and you do not live in a mobile home park, your landlord can evict you without giving a reason. However, he must give you 30 days notice in writing. There are some exceptions to this, explained below.

    Does my landlord have to warn me before I can be evicted?

    Yes. The type of notice he must give depends on what type of tenancy you have.

    If you have a written lease:

    The lease states if you can be evicted during the lease term, what reasons the landlord must have, and what kind of notice the landlord must give you. Read the lease!

    During the term of the lease, your landlord cannot evict you unless the lease says he can. Look for a "termination clause" in the lease. If there is none, your landlord may not be able to evict you until the lease term ends.

    If your lease does not say that it automatically renews when the lease term ends, your landlord can go to court without giving you any notice. But, he can do this only during the seven days following the end of your lease term. For example, you have a one year lease that ends on March 1, 1996. Your landlord may file a court complaint between March 1 and March 8, asking for an eviction order without giving you a notice first. (If your rent is subsidized, your lease probably renews automatically, so this paragraph does not apply to you.)

    If you are a tenant at will (no lease):

    Your landlord must give you either 30 days or 7 days written notice to leave. This notice is called a "Notice to Quit."

    30-day written notice

    Your landlord can evict you with 30 days notice for almost any reason or no reason.

    Exceptions: You may be able to stop the eviction if your landlord is evicting you because of "retaliation" or "illegal discrimination." Read Retaliation defense or Discrimination defense.

    If your rent is paid up, the landlord should time the notice so that the 30 days ends on a rent day. For example, if your rent is due on the first day of the month, he could give you the written notice on July 2, with the 30 days ending on August 1. If the 30 day notice period does not end on a rent day, you may be able to stop or delay the eviction. Ask for legal advice.

    7-day written notice

    To evict you with a 7-day notice, your landlord must have a reason and state that reason in writing. The reason must be one of these:

    If the reason is that you have not paid your rent, the notice must include these two sentences:

    "If you pay the amount of rent due as of the date of this notice before this notice expires, then this notice as it applies to rent arrearage is void."

    "After this notice expires, if you pay all rental arrears, all rent due as of the date of payment and any filing fees and service of process fees actually paid by the landlord before the writ of possession issues at the completion of the eviction process, then your tenancy will be reinstated."

    This means that you can stop the eviction by paying the rent you owe. After 7 days, if you do not pay before your next rent date, you have to pay both month's rent to stop the eviction. You can still stop the eviction by paying all rent owed even after the landlord takes you to court to get an eviction order. But to stop the eviction then, you have to pay all of the rent due and the landlord's court costs. These costs are:

    Your last chance to stop the eviction is just before the court issues the "writ of possession." Your landlord can get this "writ" 5 business days after he gets the Court order.

    Does the landlord have to give me the "Notice to Quit" in person?

    Yes. If you are a tenant at will, the 7-day or 30-day notice must be given to you personally. The notice does not have to be served by a sheriff. Exception: The landlord must make 3 good faith efforts to give you the notice. If he still cannot find you after 3 tries, he can mail you the notice and leave a copy at your home.

    What if I rent my home from my employer?

    If your landlord is also your employer, he may be able to go to court to evict you without first giving you a written notice to quit. Get legal advice. Your landlord must still go to court to evict you.

    What if I do not move out after I get an eviction notice?

    Your landlord must go to court to evict you! If you do not move out by the end of the notice period, then your landlord can have you served with court papers. The court case is called a "Forcible Entry and Detainer." (This does not mean that the landlord can enter your home by force or detain you.) The papers say that he is trying to evict you. They ask the court to hold a hearing, to decide if you can be evicted. If you want to fight the eviction, you have a right to be heard in court. A landlord cannot legally evict you without a court order.

    Here is what will happen:

    Improper notice defense

    Your landlord must follow all of the notice rules exactly. (Most of the notice rules are explained above.) If you think that your notice to quit did not meet all of the rules, explain that to the judge. If the judge finds that your landlord did not follow all of the notice rules, then the landlord loses and he will have to start the eviction process all over again.

    Unsafe or unfit housing defense

    If your landlord is trying to evict you because you are behind in paying rent, you may be able to stop the eviction if you didn't pay because of serious problems with your home that the landlord refused to fix. This is called a "warranty of habitability defense" because the landlord has broken his promise to rent you a safe home. (See Unsafe or Unfit Housing.)

    If the judge finds that the landlord has not fixed serious problems that you told him about, then you can ask the court:

    • To let you out of your lease,

    OR

    • to let you stay and to pay a lower rent until the landlord makes your home safe. If you stay, the judge will also decide how much back rent you must pay, at the lower rate.

    Retaliation defense

    There are laws to protect you if your landlord tries to evict you because you asserted your rights. For example, if you can prove to the court that the landlord is trying to evict you because you started or joined a tenants' union, the judge will not let the landlord evict you.

    You will also have some protection against eviction if, within the past 6 months,

    • You complained to the landlord about serious problems that make your home unsafe or unhealthy (best if this was a written complaint)
    • you asked a code enforcement officer or other official to inspect your home for safety violations
    • city or state officials have notified your landlord of health or safety violations

    If you prove to the court one of the above, then the court will not evict you unless the landlord can prove that he is trying to evict you for some other good reason (like causing a "nuisance").

    You also have the right not to pay an unlawful rent increase and not to pay for common utilities. (See sections on Rent and Electric Charges for Common Areas.) If your landlord is trying to evict you for one of these reasons, explain that to the judge. These defenses might stop the eviction.

    Discrimination defense

    You should not be evicted because of your:

    • race
    • color
    • sex
    • physical or mental impairment
    • religion
    • ancestry or national origin
    • getting welfare, or
    • being a single parent, being pregnant or having children

    Please read more about Discrimination.

    Note: If you or someone in your family has a physical or mental impairment, your landlord must allow for "reasonable accomodations" to help you stay in your home. You can ask for this help even after you get a eviction notice. Talk to a lawyer.

    Caution: Your landlord may have more than one reason for trying to evict you. Even if you have a good defense to one of his complaints, the judge may still allow the eviction if the landlord has another good reason why he wants you to move out.

    Will the court give me extra time to move?

    Sometimes. Ask the judge for extra time if you need it. Explain what hardship you will suffer if you have to move out right away. If you have looked hard to find a new place to live but still have not found one, it may help to explain this and have a list of all of the places you have looked. There is no legal right to extra time, but the judge may give you extra time if you really need it.

    Can I be evicted during the winter or if I have children?

    Yes. Maine law allows your landlord to evict you at any time during the year and even if you have children. However, you cannot be evicted because you have children. See Discrimination.

    What happens if I do not go to the eviction hearing in court?

    If you do not go to the court hearing and your landlord does, you will lose. The judge will most likely enter a "default judgment" against you. Then the landlord can go back to court 5 business days later (not counting weekends and holidays) and get a "Writ of Possession."

    If you owe the landlord money for rent or damages, he cannot get a court order for this at the eviction hearing. He can only ask for an eviction order. He can sue you later, if he wants to, for any money you owe him.

    What happens if I go to court and lose?

    If the court rules against you and you do not appeal, then your landlord can get a "writ of possession" from the court 5 business days later.

    What is a "writ of possession?"

    This paper comes from the Court and gives the landlord the right to get his property back from you. Your landlord can ask a deputy sheriff or constable to give you a copy of the "writ." You must move out of your apartment within 48 hours after getting the "writ." If you do not move out, you will become a trespasser. The landlord then, and only then, has the right to have the police remove you by force (and to put your things in storage at your expense).

    Can I appeal my case?

    Yes. You can appeal your case if you believe that the court's decision was wrong.

    There is an appeal deadline. File the appeal with the District Court within 5 business days of the day the judge signed the order against you.

    On appeal you can have a new trial with a jury. To get a jury trial, you must prove to the Court that you and your landlord disagree about the facts of the case. If you only disagree about what the law means, the Superior Court will only review the record of your first hearing to see if the judge made any legal mistakes in deciding the case.

    If you want to appeal, especially if you are going to ask for a jury trial, try to get a lawyer. If you cannot get a lawyer, ask Pine Tree Legal for forms and instructions you can use to appeal your case.

    Can my landlord turn off my utilities, change the locks on my door or otherwise kick me out without first going to court?

    No. It is illegal for your landlord to throw you out by force. Your landlord must get a court order before he evicts you. If your landlord tries get around this by changing the locks, taking your property, or shutting off any of your utilities, he has broken the law. If you take him to court and ask for immediate help, the court may stop the landlord and order him to pay you for your losses or $250.00, whichever is greater. If you have a lawyer and you win the case, the court can also order your landlord to pay your attorney fees.

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    Abandoned Property

    What happens if I move and do not take all my property with me?

    Your landlord can refuse to give you your things if you owe back rent, damages or storage fees. So, you should take all your things with you when you leave. Don't leave things behind to pick up later.

    Your landlord can sell your property if you do not claim it after he has mailed a notice to you at your "last known address." If you do not tell him your new address, then he can send it to your old address and you may not get it unless the post office forwards it to you.

    If the abandoned property is worth less than $500, the law says your landlord must store the property in a safe, dry, secured place. Then she must mail the notice to your "last known address," saying she plans to get rid of your things and listing the items. If you claim the property within 14 days after the notice was sent, your landlord must store the property for at least another 10 days so you have time to get your things. Your landlord can make you pay all rent owed, damages, and costs of storage before giving your property back.

    If you don't claim the property within 14 days after the notice has been sent (or don't pick it up within 10 days after claiming it), your landlord may sell the property for fair market value. He can keep any money you owe him for rent, damages and costs of storage and sale. He must send any money left over to the State Treasurer in Augusta.

    If the abandoned property is worth more than $500, your landlord must get permission from the State Treasurer to sell your property. Your landlord must mail the same notice to your "last known address" (see above) before he can hold the sale. Then if the State allows, he can sell your things "in a commercially reasonable manner." Basically, this means selling them openly for fair market value (not giving a good inside deal to his brother-in-law). Your landlord can keep money from the sale for any unpaid rent, damages, storage cost, and costs of notice and sale. He must send any money left over to the State Treasurer along with a detailed report, including what property was sold and for how much.

    What if I can't get my things because I am hospitalized due to my disability?

    Write to your landlord and ask him to make a "reasonable accomodation" for you, so that you can have a chance to get someone to help you move your things. Note: If you are not moving out voluntarily, your landlord must follow the eviction rules to get you out.

    Remember: The best way to protect your property is to take it with you right away.

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    Sale of Your Building

    What happens if my landlord sells my building?

    The sale of your building may affect your rights.

    If you do not have a written lease, your old tenancy will end. The new owner must let you stay for at least as long as you have paid for. You and your new landlord can make a new agreement. If your new landlord accepts rent from you, then you have a new tenancy.

    If you have a lease, you probably have the right to stay until the end of your lease term. Read your lease to see if it says anything different. If your lease term is for more than 2 years, you should record your lease in your county Registry of Deeds before the sale, to help protect your lease rights. This rule also applies if you have a long term lease with no specific ending date.

    Does the new landlord have to give me a notice to quit before I can be evicted?

    Yes. Even if you are a tenant at will (no lease), your new landlord must give you a 30 day or a 7 day written notice, unless your old landlord already gave you the notice. (See "Eviction".)

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    Discrimination

    Landlords may not discriminate against you because of your:

    This means that a landlord cannot refuse to rent to you, charge you extra, or evict you for any of these reasons.

    If you think your landlord has illegally discriminated against you, contact Pine Tree Legal or one of these offices:

    Maine Human Rights Commission
    State House Station 51
    Augusta, Maine 04333
    phone: 1-207-624-6050

    HUD Fair Housing Office
    10 Causeway Street, Room 308
    Boston, MA 02222-1092
    phone: 1-617-565-5304.

    Pine Tree Legal has more information about how a landlord must treat you fairly if you have a mental or physical impairment. You can get that information from our offices, or visit our Fair Housing page.

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    Electric Charges for Common Areas

    Can the landlord make me pay for electricity outside of my apartment?

    If you live in an apartment building, you may find out that you are paying for electricity for "common areas," such as hallways, basements, or a common hot water heater or furnace. It is illegal for your landlord to make you pay those costs alone. For example, the hall lights should not be hooked up to your meter.

    If you find out that you are paying for the electricity going to "common areas" or to someone else's apartment, take these steps.

    If you find out that you are paying for other common utilities, such as heating oil, this law does not apply to you. But you may have other legal remedies. If you can't work out a fair deal with your landlord, try to talk to a lawyer.

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    Cable TV

    If I live in an apartment building, can my landlord stop me from getting cable TV?

    Your landlord can refuse to have cable TV put into the building only if he has "good cause" to deny that company. "Good cause" could be:

    Your landlord can charge the company a reasonable fee for bringing cable TV into the building. Maine law sets out the rules for how cable TV companies and landlords must deal with each other. Call Pine Tree Legal if you want a copy of that law.

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    Landlord Entering Your Home

    Can my landlord come into my apartment or house at any time?

    No. If your landlord wants to come into your home to make non-emergency repairs, or to show or inspect the apartment, she must give you "reasonable notice." Normally, this means at least 24 hours notice.

    Your landlord can come in only at "reasonable times." Generally, this means during the daytime or evening, not in the middle of the night. There may be other factors that make certain times "unreasonable" for you.

    Exception: If there is an emergency, your landlord can enter after a shorter notice or without notice. For example, the pipes burst or there is a fire in your apartment.

    What can I do if my landlord comes in without giving me reasonable notice?

    If your landlord does not follow these rules, or if your landlord tries to comes in without good reason to the point you feel harassed, you can sue your landlord. The judge can order your landlord to pay

    you for your "actual damages" or $100.00, whichever is more. She can also order the landlord to stop coming into your apartment without good reason and without fair notice. If you have a lawyer and you win, the court can also order your landlord to pay your lawyer fees.

    If you cannot get a lawyer and if you need fast protection from serious, repeated harassment, you can file a Protection from Harassment complaint in District Court. Call Pine Tree Legal if you want a pamphlet about how to do this.

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    Subsidized Housing

    If a housing authority or other agency pays all of part of your rent, your housing is "subsidized" by the government. Your rent may be subsidized even if your house or apartment is owned by a private landlord. "Public housing" is also subsidized.

    If you need to find out where to apply for subsidized housing in your area, contact:

    Maine State Housing Authority
    353 Water Street
    Augusta, Maine 04330
    toll free phone: 1-800-452-4668

    If you live in "subsidized housing," you should have a standard lease. This lease gives you more protections than most non-subsidized tenants have. For example, your lease may have a "grievance procedure" which gives you the right to an informal, out-of-court hearing on a complaint you have against your landlord. Your lease probably gives you more protections against eviction than the ones described in this handbook. It may say that your landlord cannot evict you unless he has "good cause" or unless he can prove you broke the lease. You also have rights under federal law that may not be explained in your lease.

    Different subsidized housing programs have different rules and different form leases. Read your lease! If you are not sure of your rights under your lease or if you are being evicted from subsidized housing, contact your local Pine Tree Legal office.

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    Mobile Home Parks

    Who is protected by the mobile home park laws?

    This section applies to you if you own your mobile home and rent a lot in a mobile home park. Also, these handbook sections above apply to you:

    Tips Before You Rent
    Types of Rental Agreements
    General Assistance
    Discrimination

    If you rent a mobile home you have the same rights as a tenant in an apartment building or house. The other sections of this handbook apply to you. To read about your security deposit, see below.

    If you own your mobile home and rent the land it sits on but not in a mobile home park, you should talk to a lawyer if you have a problem. (Only some parts of this Handbook apply to you.)

    What is a mobile home park?

    A mobile home park is a piece of land that has, or is laid out to have, two or more mobile homes on it.

    How much can I be charged for a security deposit and how do I get it back?

    The Security Deposit section applies to you, with these exceptions:

    Read the Security Deposit section to find out how to get your deposit back if the park owner refuses.

    What kind of fees can be charged?

    The park owner may charge fees. Fees may include rent, utilities, incidental service charges, security deposit and an entrance fee. Before you move into the park, the park owner must explain all fees to you in writing. Before increasing any fees, he must give all tenants at least 30 days written notice.

    If you are moving into a mobile home that is already in the park, the park owner cannot charge you more than 2 times the monthly rent for an entrance fee.

    The park owner cannot require you to buy your oil or bottled gas from him. He cannot choose your dealer; that is your choice.

    The park owner cannot require you to buy from him any underskirting, equipment for tying down mobile homes or any other equipment.

    Park Rules

    What kind of rules can the park owner have?

    The rules must be reasonably related to keeping order and peace in the mobile home park. All park rules must be fair and reasonable. A rule is presumed to be unfair if it does not apply to all park tenants. (However, the park owner may be able to prove that a non-uniform rule is fair, if he has a compelling reason for the rule.) The park owner must give all tenants at least 30 days notice of any rule change before it takes effect.

    These rules are not legal and a park owner cannot enforce them:

    Where do I get these rules?

    Before you sign an agreement to rent, the park owner must give you:

    and

    Eviction

    Does the Park Owner Have to Have a Reason to Evict me?

    Yes. He must have a reason and he must be able to prove it in court. His reason must be on this list:

    1) You did not pay rent, utility charges or reasonable service charges. You will not be evicted if you pay the amount you owe plus a fee before the end of the notice period. The notice must give you at least 30 days. The fee is 5% of what you owe, or $5.00, whichever is more.

    2) You broke a mobile home park law. Before giving you an eviction notice, the park owner must tell you in writing what law you have broken and give you a reasonable chance to comply.

    3) You broke a reasonable park rule. (See section on Park Rules) Before giving you an eviction notice, the park owner must tell you in writing what rule you have broken and give you a reasonable chance to comply.

    4) You violated Paragraph 1, 2 or 3 above three times within 12 months. After 3 chances within a one year period, you can be evicted even if you corrected all three violations.

    5) You damaged the property in some way. "Damage" does not include "normal wear and tear." Normal wear and tear is what happens to property over time from normal use.

    6) You repeatedly disturbed the peace and quiet or safety of other tenants.

    7) You violated a term of your written lease which the lease says you can be evicted for. Read your lease before you sign!

    8) The park is condemned or changed to some other use. Before evicting you for "change of use," the park owner must have told you about this when you moved in or must give you a one year written notice.

    9) If the park owner wants to evict you because he plans to renovate the park, he must give you between 6 months to 12 months notice. He may also have to pay for your moving costs. Exceptions:

    What kind of notice do I get?

    Before taking you to court to get an eviction order, the park owner must give you a written notice to quit. The notice must:

    Note: The notice period is different in some cases, like for nonpayment of rent (30 days). To find out these exceptions, read the list 1-9 above.

    The park owner, or his agent, must give this notice to you in person. Exception: He can send the notice by mail and leave a copy at your home if he has tried for 3 days to serve you in person and has not been able to find you. He must have a witness.

    What happens at the end of the notice period?

    If you have not moved and the park owner still wants to evict you, she must file a complaint in District Court asking the court to allow the eviction. This is called a "Forcible Entry and Detainer" action. A deputy sheriff will serve you with a copy of the complaint and a court summons. The summons will tell you the date and time of the court hearing.

    At the hearing, the judge will listen to both sides. If the judge finds that the park owner did not follow all of the notice rules or did not prove one of the reasons for eviction listed above, the judge will dismiss the case and you will not be evicted. But if the park owner gets the eviction order from the court, she can then ask the Sheriff's Department to evict you and your family and to remove your mobile home from the lot.

    Talk to a lawyer right away if you get a notice to quit or a court complaint and summons.

    What if the park owner is trying to evict me because I complained, because I am in a tenant group, or for some other unfair reason?

    The Court should not evict you if you prove that the park owner's main reason for trying to evict you is that:

    1) You helped to start a tenant's organization or you belong to a tenant's organization; or

    2) You have complained about the park owner's violations of mobile home park laws.

    If you think that the park owner is trying to evict you because you complained about unsafe conditions in the park, read the section above on Retaliation Defense. This defense to eviction may apply to you. If you believe that the park owner is illegally discriminating against you because of your:

    read the Discrimination section.

    What if I refused to pay rent because of bad living conditions in the park?

    If the park owner is trying to evict you because you owe rent and there are unsafe living conditions in the park, you may have a good defense to the eviction. Read the section "Unsafe or unfit housing defense" under Evictions. These rules also apply to mobile home park tenants. In your case, the problem might be dangerous outside wiring or unsanitary septic system, instead of lack of heat. Additional rule for mobile home parks: You must have given the park owner or his agent notice of the problem when your rent was paid up.

    Unsafe or Unfit Conditions

    What areas must the park owner take care of?

    A park owner must promise that the space he rents and its facilities are "fit for habitation." This means that they are safe and healthy. For example, if your septic system backs up or your park road becomes impassable, the park owner must fix the problems. On the other hand, you must fix problems inside your home, unless they were caused by the park owner.

    What if the park facilities are unsafe or unhealthy?

    You can file a court action against the park owner. Before going to court you should take these steps:

    If you still cannot resolve the problem, talk to a lawyer or Pine Tree Legal before going to court. Also, read the section about suing your landlord in court. The procedures and remedies are very similar.

    What happens if I am forced to leave my mobile home during repairs?

    If you must leave for a short time so things can be fixed, the park owner cannot charge you any rent until you move back in. If the owner offers you a reasonable place to stay, then the court will not order the park owner to pay for your costs of staying somewhere else.

    Sale of Your Mobile Home

    Can the park owner interfere if I want to sell my mobile home?

    No.

    You must tell the park owner before you put up any "For Sale" signs in the park.

    If your mobile home was built before June 15, 1976, the park owner can require you to show that it meets the state standards.

    If the buyer plans to stay in the park, he should make sure that the park owner will accept him as a tenant. He can back out of a sale agreement within the first 30 days if the park owner does not agree to rent the lot to him. He can also back out of the deal if the park owner wants the home removed because it does not meet state or park standards. The park owner cannot require removal because of park standards unless these standards are clearly stated in the park rules and are reasonable.

    Sale of Mobile Home Park

    Does the park owner have to let me know if he is selling the park?

    Yes, in most cases.

    General rule: The park owner must give you and all other tenants 45 days written notice of his intent to sell. During the 45 days, he cannot contract to sell the park.

    Exception: The park owner does not have to give the 45 day notice if the buyer's deed says that he cannot change the use of the park for two years after he buys it. This deed restriction must also say that tenants have the right to enforce it.

    What if the new owner tries to close the park anyway?

    You can sue the new owner in Superior Court and ask the judge to order the buyer to keep renting the lots for at least two years. You can also make a money claim for any damages you have suffered. You can sue alone or as a group of tenants or as a tenant association. If you are represented by a lawyer, the judge can order the park owner to pay your lawyer fees if you win.

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    Revised October 1995