🏛️ Courthouse Information and Locations for Maine
Maine Eviction Laws: Notice Requirements, Process, and Timelines
Maine handles evictions through District Court using a Forcible Entry and Detainer (FED) process. Maine is notably tenant-friendly, requiring a 7-day notice for nonpayment of rent and a 7-day notice for lease violations. The state provides significant tenant protections including mandatory notice requirements that cannot be waived by lease and strong anti-retaliation provisions. Court timelines can be longer than many states, particularly in southern Maine counties. Below you’ll find the key details every Maine landlord needs to know.
Maine Eviction Laws
Comprehensive guide to Maine's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in District Court - Forcible Entry and Detainer (FED).
⚡ Quick Overview
💰 Nonpayment of Rent
CRITICAL: 7-day notice can only be served after rent is at least 7 days late. Notice must state exact rent arrearage and include statutory language: tenant has right to avoid eviction by paying arrearages before writ issues plus filing fees and service costs. Minor clerical errors (wrong amount) do NOT invalidate notice if unintentional (§ 6002(2)(B)). Tenant can REINSTATE tenancy even after judgment by paying all rent + costs + fees before writ of possession issues (7 days after judgment). Writ issues 7 days after judgment unless tenant pays. Separate case needed to collect back rent - FED is possession only. Mediation available at no cost on hearing day. Rent is legally late 15 days past due. Portland has rent stabilization program.
📋 Lease Violation
7-day notice for: material breach of lease; causing damage; unauthorized occupants/pets; illegal activity; health/safety violations; lock changes without giving landlord key within 48 hours. 30-day notice for: ending tenancy-at-will without cause (notice must expire on or after date through which rent is paid). Written lease: notice must comply with lease terms. Notice must advise tenant of right to contest eviction in court. For tenancies of 1+ year = 30-day notice required regardless. Lease termination cannot take effect before period for which rent has been paid.
📬 Service of Process
Notice to quit: landlord/agent serves (not sheriff required). Complaint/summons: MUST be served by sheriff. 3 good faith attempts at personal delivery required. If all fail: post at residence + mail first class + file affidavit. Hearing date must be 14+ days after service.
🏛️ Court & Legal Information
Tenant payment before writ; mediation process; 14-day minimum between service and hearing; appeal to Superior Court
⚖️ Appeals & Post-Judgment
Sheriff serves writ of possession; tenant must vacate; sheriff enforces if tenant refuses
📦 Tenant Property & Abandonment
Landlord must exercise reasonable care in storage of personal property for 7 days after tenant vacates. After 7 days landlord may dispose. Different rules for abandonment without eviction.
🏦 Security Deposits
30-day return for lease; 21 days for tenancy-at-will. Itemized deductions required. Must hold in separate account not commingled. Failure to return on time or provide itemization = landlord cannot keep any deposit. Wrongful retention = double damages plus attorney fees. Exemption: buildings with 5 or fewer units where landlord resides. Starting Jan 2025: landlords may only charge first month rent + security deposit + clearly disclosed recurring fees.
💵 Late Fees
No state limit on late fees. Rent is late 15 days past due date. No mandatory grace period unless lease provides. Late fees should be specified in lease. Excessive fees may be challenged as unconscionable.
🛡️ Tenant Protections
Portland Rent Stabilization Program (2020): limits increases to 70% of CPI or 10% (whichever is less) for buildings built before 1995. Statewide: no rent control.
🏙️ Local Overrides & City-Specific Rules
Portland: rent stabilization; additional just cause eviction requirements; mandatory relocation assistance for certain evictions. LD 1490 (2024): limits charges at lease signing to first month rent + security deposit + disclosed fees.
Underground Landlord📝 Maine Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the District Court - Forcible Entry and Detainer (FED). Pay the filing fee (~$$100).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Maine
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Maine Evictions: Complete Landlord Guide (Updated January 2026)
Disclaimer: General educational information only, not legal advice. Maine eviction rules can vary based on the specific circumstances of your case. Consult a qualified Maine attorney for legal advice on your specific situation.
Overview: How Evictions Work in Maine
Maine eviction cases are called Forcible Entry and Detainer (FED) and are handled in District Court where the property is located. Maine is generally considered a tenant-friendly state with strong notice requirements and procedural protections.
One advantage for Maine landlords: the Maine Judicial Branch provides unusually clear public guidance, including step-by-step instructions and current forms. This court-guided process means landlords who follow the official materials closely tend to have smoother cases.
Maine strictly prohibits self-help evictions. Landlords cannot change locks, shut off utilities, or remove tenant belongings without a court order and writ of possession. Always wait for lawful enforcement through the sheriff or constable.
Start with the Notice to Quit (Almost Always Required)
Maine’s courts explain that a Notice to Quit (or “Notice to Terminate”) is generally the first step and gives the tenant a deadline to move out or correct the issue. Once the deadline passes without compliance, the landlord may file the FED case.
Practical meaning: In Maine, your notice is not just a courtesy—it’s typically a legal prerequisite. If your notice is wrong (wrong length, missing required information, improper service), you may have to restart the entire process.
Maine Notice Requirements
Maine notice lengths vary depending on the type of tenancy and reason for eviction:
30-Day Notice for Tenancies at Will
Maine statute provides that tenancies at will (including most month-to-month arrangements) generally require at least 30 days’ notice to terminate. This applies when the landlord simply wants to end the tenancy without a specific cause.
7-Day Notice for Serious Causes
Maine recognizes 7-day termination in certain serious situations, including:
- Nonpayment of rent
- Substantial damage to the premises
- Behavior that constitutes a nuisance
- Violation of law on the premises
- Other serious lease violations
Maine legal guides emphasize that a 7-day notice must state the specific ground for termination. Because notice rules can turn on specific facts—arrears timing, tenant conduct, safety issues—use Maine court materials and/or consult an attorney to determine the exact notice that fits your situation.
Notice Content Requirements
Your Notice to Quit should include:
- Full names of all tenants
- Complete property address
- Specific reason for termination (if required for 7-day notice)
- Clear deadline date
- Landlord signature
- Proof of service method
Maine Eviction Process Timeline (Step by Step)
Step 1 – Serve the Notice to Quit. Deliver the proper notice (30-day or 7-day depending on circumstances) and keep proof of service. The notice must comply with Maine’s specific requirements.
Step 2 – File the FED case. After the notice period expires without compliance, file a Forcible Entry and Detainer complaint in District Court where the property is located. Maine’s Judicial Branch provides the required court forms (complaint, summons, service documents) on their website.
Step 3 – Serve the tenant. The court documents must be properly served on the tenant according to Maine rules. The tenant then has an opportunity to respond and appear.
Step 4 – Mediation (if applicable). Maine courts provide mediation options, including remote mediation, which can be part of the practical eviction path. Mediation can speed up resolution when both parties are realistic—resulting in move-out agreements, repayment plans, or agreed surrender dates.
Step 5 – Court hearing. Both parties appear before the judge. Bring organized documentation:
- Lease agreement
- Rent ledger showing payment history
- Notice to Quit and proof of service
- Photos documenting any damage or violations
- Communications with tenant
Because Maine courts provide detailed instructions, judges often expect landlords to have followed those instructions closely.
Step 6 – Judgment. If the landlord proves their case, the court enters judgment for possession.
Step 7 – Writ of Possession (Important Timing!). Maine statute states that seven calendar days after judgment, the court shall issue the writ of possession to remove the tenant. Service is by sheriff or constable. This post-judgment timing is a major operational detail for landlords planning turnover, contractors, and new tenant move-ins.
Tenant Defenses Landlords Should Anticipate
Common defenses in Maine eviction cases include:
- Improper notice content or timing: Notice didn’t include required information or used wrong notice period.
- Improper service: Notice wasn’t delivered according to Maine requirements.
- Habitability/repair disputes: Landlord failed to maintain the property in livable condition.
- Rent accounting disputes: Tenant claims payments were made or misapplied.
- Retaliation: Eviction appears to be in response to tenant complaints or exercising legal rights.
- Discrimination: Eviction based on protected class status.
Maine Eviction Context (Late 2025–January 2026)
Maine remains a relatively tenant-friendly state with strong procedural requirements. The 7-day post-judgment waiting period before the writ issues is longer than many states and affects landlord planning.
Southern Maine counties (Cumberland, York) may have heavier court dockets, while northern and rural areas often move faster. The Maine Judicial Branch’s clear online resources are a significant advantage for landlords who take time to use them properly.
Some rental assistance programs remain available through Maine Housing and local agencies for qualifying tenants, which may affect case outcomes when tenants apply for assistance during proceedings.
Best Practices for Maine Landlords
- Use Maine Judicial Branch materials as your “source of truth” for forms and steps—they reflect how courts actually process cases.
- Make your Notice to Quit specific: reason (if required), clear deadline, full address, all tenant names, signature, and proof of service.
- Keep a professional paper trail: lease, rent ledger, photos, and all communications.
- Consider mediation when both parties can be realistic—it often speeds resolution.
- Plan for the 7-day post-judgment period before the writ issues—factor this into turnover timelines.
- Avoid self-help—wait for the writ and lawful enforcement by sheriff/constable.
- Don’t accept rent after serving a termination notice unless you intend to cancel the eviction.
Quick Reference: Maine Eviction Rules
- Tenancy at will termination: 30-day notice
- Serious cause (nonpayment, damage, nuisance): 7-day notice
- Case type: Forcible Entry and Detainer (FED)
- Court: District Court where property is located
- Post-judgment writ timing: 7 calendar days after judgment
- Mediation: Available, including remote options
- Removal: Sheriff/constable only, after writ of possession
- Self-help evictions: Prohibited
Bottom line: Maine’s process is very court-guided. Use the official instructions from the Maine Judicial Branch and understand the 7-day post-judgment writ timing—it affects everything from vacancy planning to renovations.