If you rent your home, a bad relationship with your landlord can make life stressful and can lead to serious problems. One way to avoid this is to understand your basic tenant rights. This section will provide a summary of your rights.

Leases, rental agreements, and tenancy at will

The kind of agreement you have with your landlord affects your legal rights in Maine. You can have a: lease, rental agreement, or tenancy at will.

•  If your landlord has you sign a written agreement that states a start date and end date, you have a lease.

•  If your written agreement does not mention an end date, you have a rental agreement.

•  If you do not have a written document, you have a tenancy at will. Or, if you had a Lease that ended but you did not move out or sign a new lease, you now have a tenancy at will.

A written agreement may offer you more protection than a tenancy at will. But this is not always true. You need to read the agreement carefully before signing. If your landlord has made promises that are important to you, they need to be in the written agreement. If you ever end up in court, a judge will likely follow what the agreement says. Many of your rights can be changed or even taken away depending on what the written agreement says. Some rights can never be taken from you regardless of what your written agreement says.

Before you sign, look at the following:

•  Rental amount;

•  Date rent is due;

•  Fees for a late rent payment;

•  Security deposit;

•  Who pays for utilities and services;

•  Your responsibilities if you damage or make changes to the property;

•  Landlord’s responsibilities with regard to the condition of the property; and,

•  Notice requirements (for both you and your landlord).

You also want to note the condition of premises when the agreement is signed.

These terms are very important. Make sure that the written agreement matches what the landlord says. Only sign if you agree to all the terms as they are written.

Understanding your public housing rental agreement

Public housing rental agreements can be very complicated and hard to understand. This is especially true if you are trying to figure out what expenses and income to consider when calculating your portion of the rent.

If you have any questions about your housing agreement, you should talk to an attorney. The attorneys at Legal Services for Maine Elders may be able to help you, or might be able to connect you with a private attorney who can. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Tenant rights in Maine

The following is a list of rights that are given to all tenants in Maine. Some of these rights can be changed or waived by your written agreement.

•  “Habitability”: Your landlord must guarantee that your rental unit is reasonably safe and fit to live in. This means that it is not OK for your rental to have things like: undrinkable water; insufficient heat in winter; faulty electrical wiring; or leaking pipes. Be especially careful if your landlord says the apartment is rented “as is.” This sort of language could mean that the landlord is trying to avoid these responsibilities.

IMPORTANT NOTE: Your written rental agreement can waive this right in exchange for a reduction in rent. Make sure you read your rental agreement carefully. If you agree to this waiver, it can be very hard to get your landlord to fix problems with the rental.

•  Penalties for late payment: Your landlord can charge a fee for late rent payment if your rent is at least 15 days late. If your landlord is going to charge you this fee, then it must say so in the written agreement. The fee cannot be more than 4% of your monthly rental amount.

•  Security deposits: Security deposits can be no more than the equivalent of two months rent and are often much less for subsidized housing. As a general rule, your landlord must return your security deposit, but there are exceptions to this rule. Your landlord may keep your whole deposit or a part of it to pay for any repairs, removal of abandoned property, or any unpaid rent or utilities. Your landlord cannot keep your deposit for normal “wear and tear” such as faded paint and worn carpets. Click here if you want more general information about security deposits and what they are.

If your landlord is going to keep some or all of your security deposit, your landlord must tell you. This notice must be in writing and give you the reasons. If your lease doesn’t say when the security deposit must be returned, your landlord has 30 days after your lease ends to return your security deposit or provide you with a written notice. If you don’t have a written agreement, your landlord has 21 days.

If your landlord is refusing to return your security deposit, you have some options. For more information about what your rights are with your landlord and your security deposit, and how to protect those rights click here.

•  Metering and electric charges: Unless you agree in your written agreement, your landlord cannot make you pay for electricity used in someone else’s unit or in common areas. This includes areas such as: hallways, stairways, and basements. If you do agree to pay for this, the written agreement should state that you will do this in exchange for a reduction in rent.

•  Landlord entering your rental unit: For all rental situations, your landlord can enter your rental unit to show, to inspect and to make necessary or agreed upon repairs. Your landlord must give you at least 24 hours notice, and can only enter at certain times. Your landlord must also have your permission to enter, but if you say no, you need to have a good reason. In cases of emergency, such as a fire, your landlord can enter at any time and is not required to provide notice. No written agreement can waive these rights.

•  Legal fees: If your landlord takes you to court to enforce your agreement, you cannot be forced to pay your landlord’s legal fees.

•  “Liens”: Your landlord cannot make you give a lien against your property for rent or other money you owe the landlord.

•  “Fair or reasonable clauses”: No rental agreement can force you to acknowledge that any rules or provisions in the agreement are “fair and reasonable.”

REMEMBER: Only sign a lease or rental agreement you understand and agree to all the terms as they are written. If you have any questions about the terms in a rental agreement that you are considering signing, call the Legal Services for Maine Elders Helpline at 1-800-750-5353. A Helpline attorney might be able to help you, or may be able to connect you with a reduced-fee private attorney.

Eviction

An eviction is a court action your landlord must use to remove you as a tenant. Before your landlord can start an eviction, the landlord must give you written notice to leave. This written notice to leave may be called a “Notice to Quit,” a “Notice of Termination,” or a “Notice to Vacate.” The notice will say that you have to leave by a certain date and may give the reason for the eviction. If you receive such a notice, you should call an attorney as soon as possible.

The attorneys at Legal Services for Maine Elders might be able to help you, or provide you with a referral to an attorney who can. If you are 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

Can I be evicted even if I have a lease?

Generally, the landlord cannot ask you to leave before the lease expires unless you have broken one of the terms of the lease, and the lease states that the violation is cause for eviction.

What if I do not have a lease?

If you do not have a lease, you could be considered a tenant at will. If you are, the landlord does not need to have a reason to ask you to leave. The landlord just needs to give you a full 30 days to move. The 30-day notice must expire on or after the date through which your rent has been paid.

Are there reasons that I could be evicted with less than 30-days notice?

Yes, if your landlord claims that: you have caused “substantial damage” to the apartment, you have been a “nuisance” to other tenants or neighbors, or you are seven days or more behind in your rent. In those instances, the notice will give you only seven days to move. If the notice claims that you are behind in your rent, the notice must state the amount of rent you owe and that if you pay the rent within the seven days, you will not have to leave.

What if I live in subsidized housing?

If you live in subsidized housing, you should have signed a written Lease and you cannot be evicted unless the landlord can prove that you have broken one or more terms of the lease or for other “good cause.” If you are in subsidized housing, you may also be entitled to a “grievance hearing.” This hearing is your chance to give your side of the story and dispute the landlord’s reasons for wanting you to leave. You might be able to settle the dispute before the landlord files an eviction action in court.

An attorney can help you with your grievance hearing. If you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

IMPORTANT NOTE: An eviction from your subsidized housing can have a serious impact on your future eligibility for this program. If you are in danger of being evicted from subsidized housing, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

What if I do not move out within the given time?

If you do not move out within the time given in the notice, the landlord cannot legally remove you or your possessions, shut off your utilities, or change the locks on your apartment without first going to court and getting a judgment against you.

To do this, the landlord must file eviction papers with the court and have a sheriff serve you with a copy of the Summons for Forcible Entry and Detainer and the Complaint. These papers ask the court to hold a hearing to decide if you can be evicted. The Summons will tell you the date, time and place of the hearing. The Complaint will state the landlord’s reasons for your eviction and will ask the court to award possession of the property to your landlord.

It is very important that you call an attorney right away if you have been served with a Summons and Complaint. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

What will happen at the hearing?

First, the judge will likely give you and your landlord a chance to talk. During this “negotiation,” you might be able to work out a deal that gives you more time to move. If you can’t come to an agreement the judge will hold a hearing that same day.

During the hearing, you and the landlord each tell your side of the story. You both may present witnesses and evidence. Then, the judge will decide if you can be evicted or not, based on the evidence presented.

If you do not appear at the hearing, a “default judgment” may be entered against you. The effect of a default judgment is basically the same as your landlord winning. If a default judgment is entered against you or the eviction goes in favor of your landlord, the landlord can go back to court seven days later and get a Writ of Possession from the Court. The landlord can then have the sheriff serve you with a copy of the Writ of Possession. If you are served with a Writ of Possession, you must move within 48 hours. If you do not move within 48 hours, the landlord can then ask the sheriff to remove you by force and charge you with criminal trespassing.

The law says that your landlord must be willing to make “reasonable” changes to the rental policy or your housing structure if you need it because of your disability. This is true for private and public housing. You need to ask for the changes to happen. You do this by requesting a “reasonable accommodation” or “reasonable modification.” Your landlord cannot say no unless it would be too expensive, or if it would require too much of a change to the landlord’s rental program.

If you are asking your landlord to change something about their rental policy, you need to ask for a reasonable accommodation.

If you are asking your landlord to change something about the physical structure of your rental, you need to ask for a reasonable modification.

This section contains information more about reasonable accommodations and reasonable modifications.

You might want an attorney to help you ask for these changes. If you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

What is a reasonable accommodation?

A reasonable accommodation is a change that is necessary for a person with a disability to be able to use and enjoy their living space. If your landlord changes something about the rules, policies, procedures or services, or the management of an apartment complex, they are making a reasonable accommodation.

Example A

Your landlord has a policy of not providing assigned parking. There is plenty of parking but it is on a first come first served basis. You just had a stroke and are having a hard time getting around. You need to park close to the front door of your apartment. Your landlord could make a reasonable accommodation for you by agreeing to your request for a reserved parking space near the front door.

Example B

You are in the very early stages of Alzheimer’s and sometimes you forget the date. Because of this, you are often late paying the rent. Your landlord wants to evict you and get you out of the apartment. You might ask your landlord for another chance as a reasonable accommodation. You could tell your landlord that someone is going to help you make sure the rent is on time.

What is a reasonable modification?

A reasonable modification is when your landlord makes physical changes to your housing unit so that you can use and enjoy your housing unit and the related facilities, even though you have a disability.

Example A

You have osteoporosis and your doctor said that if you fall you will probably break your bones. You ask your landlord to install grab bars in the bathroom as your reasonable modification. The grab bars will help prevent you from falling.

Example B

You recently fell, and now you have to use a wheelchair. You have a few stairs that lead to your front door. You ask your landlord to have a ramp put in place as a reasonable modification.

Example C

Your health needs require you to get dialysis. You want to hook up a portable dialysis unit in your apartment. To do this, you have to change the plumbing in the apartment. You ask your landlord for permission to do this as a reasonable modification. Your landlord can require that the changes be done by a professional and up to code.

How do I ask for a reasonable accommodation or modification?

Some apartment managers have forms for requesting reasonable accommodations or modifications. If your landlord does not, make your request in writing and keep a copy for your records. The letter should:

·      Specifically describe the accommodation you are requesting;

·      Explain why you are asking for it; and,

·      Clearly explain how the accommodation relates to your disability.

You should request a letter from your doctor, therapist or other professional that confirms that you have a disability. Your health care provider or other professional should explain how the accommodation or modification would assist with your disability and allow you to continue living in your current apartment. Include a copy of this letter when you give your landlord your request. Keep a copy for your records.

It’s a good idea to get help from an attorney if you can. If you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

The Disability Rights Center of Maine created samples of these letters. You can find these sample letters in the Quicklinks section to the left, or:

• Click here for a .pdf copy.
• Click here for a word document that you can save to your computer and modify.

Who has to pay for a reasonable modification?

If you live in housing that was built or rehabilitated with federal funds (HUD or Rural Housing) or in a subsidized apartment where the landlord receives government funding to maintain accessible housing, your landlord has to pay unless they can prove that it would cause an undue financial and administrative burden.

If you have a disability, private landlords, including those that are participating in the Section 8 Program, must allow you to modify your apartments at your own expense. Keep in mind that you might be required to pay to undo the changes when you move.

What happens if my landlord refuses my request?

There are a few steps to take, but you should get an attorney to help. If you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to talk to an attorney for free.

For more information, click here to read the chapter on “Age & Disability Discrimination”.

Can I have my service dog in an apartment that has a “no pets” policy?

Your landlord should make a reasonable accommodation for you to have your physical or psychiatric service animal in your apartment even if there is a “no pets” policy in force. Service animals are working animals, not pets. Service animals are trained to help people with disabilities.

Your landlord can only say no to this request if the animal is threatening the health and safety of others, if it makes a significant change to the nature of your housing, or if it “interferes” with the other tenants. It is not “interference” if another tenant is just afraid of animals or is allergic.

Can the landlord charge me more because I use a wheelchair or have a service animal?

No, but you could have to use your security deposit to pay for any damage to your housing unit that is beyond normal wear and tear. This is true for any person who pays a security deposit, and is true even if the service animal caused the damage.

I need my caregiver to live with me. Do I have to pay for an extra room?

If you live in federally funded housing, you cannot be charged extra for the extra room. If you have a Section 8 voucher you may be charged but, you might be able to get more money to help pay for the extra room. If you are living in private housing without a Section 8 voucher, you will have to pay for the extra room.

Housing assistance programs are designed to help low-income people obtain safe, clean and affordable housing. The federal government, through the United States Department of Housing and Urban Development (HUD) administers low-income housing aid on a local level. The local housing authorities (HAs) are responsible for managing and administering housing assistance to people who qualify.

Eligibility requirements vary depending on the specific program, but you might qualify for housing assistance if you are aged 60 or older, or have a disability. There are often more people in need of assistance than there are places to live. You will probably be placed on a waiting list because of this. It is a good idea to apply to more than one HA to give yourself the best chance of getting into a housing assistance program.

There are several different types of programs and housing structures that provide housing assistance. Some housing complexes are built to serve only low-income people. Others are pre-existing structures that have been converted into public housing. Others yet are houses or apartments owned by individuals (not the government), who agree to receive federal assistance in exchange for offering affordable rent. Finally, there are programs that help you pay rent for the apartment of your choice. In these “choice” programs, you are free to live in any qualifying apartment, condominium, townhouse or single family home. However, a landlord is not required to participate.

The two most common low-income housing programs, Public Housing and the Section 8 Housing Choice voucher program will be summarized in this section.

Subsidized Housing

Subsidized housing is owned and operated by local public housing agencies or private companies and leased to low to moderate-income families, or individuals who meet the eligibility requirements. Subsidized housing is sometimes operated specifically and exclusively for seniors and adults with disabilities. These facilities might offer help with meals and transportation to and from the housing units. Generally, people who live in subsidized housing are obligated to pay a percentage of their monthly income and HUD pays the difference. This means that if your income changes, your portion of the rent will also change.

If you apply for subsidized housing and your application is denied, you have the right to challenge this denial. The HA must:

• Notify you of this denial in writing,
• Tell you the reason for the denial; and,
• Give you the chance to meet and discuss the denial.

If you have been denied subsidized housing and you are a Maine resident who is 60 or older, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

People who live in subsidized housing are sometimes afforded extra protections and rights. For example, a person living in subsidized housing is protected by a specific eviction process that places additional procedural requirements on the part of the HA. However, there are also specific protections put in place to protect the landlord. If you are accepted into a subsidized housing program, make sure you know your rights and responsibilities prior to moving in.

Section 8 Housing Choice Voucher

The Section 8 Housing Choice Voucher Program, commonly known as Section 8, gives qualifying applicants a voucher which covers part of that person’s rent. If you participate in the Section 8 program you must find your own living space with a landlord who is willing to accept the Section 8 voucher. You are free to live in any apartment, condominium, townhouse or single family home where the landlord accepts the voucher. If the landlord agrees, then you enter into a rental contract with the landlord and the HA.

When you have a Section 8 voucher, you are free to move as needed as long as you contact your local HA and inform them of your situation prior to moving.

Eligibility and your portion of rent responsibility are based partially on income. Applicants for the Section 8 program are required to submit to a thorough background check and only US citizens and specific categories of non-citizens are eligible.

As with public housing, tenants in Section 8 housing are given extra protections that are not usually included in a standard private rental agreement. Section 8 tenants also have certain responsibilities unique to participants in the program. Because of this, it is important that you understand what these rights and responsibilities are before you enter into a contract.

If you are accepted to the Section 8 program but the HA is experiencing a wait for new members, your name may be added to a waiting list. The local HA has the freedom to open or close its waiting list as needed. The local HA is also free to establish preferences for people on the wait list.

If you are denied a Section 8 voucher, you have the right to challenge this denial. The HA must:

• Notify you of the denial in writing,
• Tell you the reason for the denial; and,
• Give you the opportunity for an informal hearing.

IMPORTANT NOTE: An eviction from your Section 8 housing can have a serious impact on your future eligibility for this program. If you are in danger of being evicted from Section 8 housing, call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

Understanding your public housing rental agreement

Public housing rental agreements can be very complicated and hard to understand. This is especially true if you are trying to figure out what expenses and income to consider when calculating your portion of the rent. If you have any questions about your housing agreement, you should talk to an attorney. The attorneys at Legal Services for Maine Elders might be able to help you, or might be able to connect you with a private attorney who can. Call the Legal Services for Maine Elders Helpline at 1-800-750-5353 to speak to an attorney for free.

If you are having a hard time paying for your utilities, there are some things you can do. The first thing you should do is call your utility provider and see if they will agree to some form of payment arrangement. Depending on the type of utility, your utility provider might be required to agree to a payment schedule. If your utility provider agrees to a payment plan, make sure you get a copy of the agreement in writing.

You might be able to get public assistance to help you with your bills.

Low Income Home Energy Assistance Program

The Low Income Home Energy Assistance Program (LIHEAP) is a federal program that provides aid in the form of funding for oil, propane heat, wood, electricity, and natural gas. LIHEAP helps people pay for their heating costs. Homeowners and renters can both apply to this program.

The amount of assistance you might be eligible to receive is based on your income level and the age of the members of your household. If someone in your household is at risk for hypothermia due to a health condition, this also might qualify you for LIHEAP assistance. Keep in mind that if you receive help through LIHEAP, your monthly food supplement benefit might be impacted.

You should contact your local Community Action Program (CAP) to find out what resources are available to you. Find the Community Action Program nearest you by clicking here.

Read more about the Low Income Home Energy Assistance Program by clicking here.

General Assistance Program

You may also be able to get help through your town or city's General Assistance (GA) Program. General Assistance is often only for people whose income is under a certain limit. However, the income limits can be higher in an emergency. For example, people may get GA if it is necessary to avoid electricity disconnection. You can apply at your Town Office or City Hall.

Read more about General Assistance in Maine by clicking here.

Emergency Assistance

If you have minor children in the home and are in danger of having a utility shut off, you can apply for Emergency Assistance through the local office of the Department of Health and Human Services. Family income must be below 100% of poverty guidelines or the family must be getting TANF, SSI, or food stamps. You should contact your local CAP to find out what resources are available to you. Find the CAP nearest you by clicking here.

Your Rights with your Utility Providers

Maine law provides extra protections against utility disconnection during the winter months to help residents who are struggling to pay for their electric bills. Between November 15^th and April 15^th, your utility provider must work with you to try and make your payments affordable to avoid disconnection of service.

Regardless of the time of year, if you or someone in your household is seriously ill or is experiencing a disability, you might be able to get some relief if you are behind on your utility bills.

To find out more about your rights with your service providers, visit the Maine Equal Justice Partners website, available by clicking here or call them at 207-626-7058 or toll free at 1-866-626-7059.

You can also call the Maine Office of the Public Advocate. The Public Advocate’s office can talk to you about your rights with your utility providers. Call the Public Advocate’s office at  207-287-2445, or visit the Consumer Help section of the Public Advocate’s website by clicking here.

Legal Services for Maine Elders 
If you are a Maine resident who is 60 or older and you are facing eviction, having a problem with your landlord, or you need help understanding your rental agreement, call the Legal Services for Maine Elders Helpline: 1-800-750-5353 to talk to an attorney for free.

Pine Tree Legal Assistance
If you under 60 and are being evicted and you need help, the attorneys at Pine Tree Legal Assistance might be able to help. Call 207-774-8211. To find out more about Pine Tree Legal Assistance, visit their website by clicking here.

If your landlord is refusing to return your security deposit, you have some options. For more information about what your rights are with your landlord and your security deposit, and how to protect those rights click here.
If you want more general information about security deposits and what they are, click here.

Disability Rights Center
If you need help with a problem that is related to your disability, call the Disability Rights Center at 1-800-452-1948.

The Office of the Maine Attorney General
The Office of the Maine Attorney General has an example of a model Lease that can be found in Chapter 16 of the Maine Attorney General’s Consumer Law Guide. Read that Chapter and see the model Lease by clicking here.

Maine Human Rights Commission
The Maine Human Rights Commission is the agency that makes sure that the Maine anti-discriminatory laws are enforced. If you think you think you are being discriminated against, call the Maine Human Rights Commission at 207-624-6290.

211
Maine Relay 211 is a statewide directory that operates 24/7 and includes listings of home heating resources. From anywhere in Maine, dial 211 to get connected.

United States Department of Housing and Urban Development
To learn more about the Housing Voucher Choice Program, or for more information about housing assistance programs, visit the website for the U.S. Department of Housing and Urban Development by clicking here.

Maine State Housing Authority
The Maine State Housing Authority is a great resource for Mainers who are trying to find quality and affordable housing in Maine. Visit the website for the Maine State Housing Authority by clicking here.

State of Maine Judicial Branch
The State of Maine Judicial Branch has information available about telephone and Zoom video mediation as well as court forms for eviction cases.  Visit the State of Maine Judicial Branch website by clicking here.