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Maine Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can I withhold rent payment if landlord illegal entry/ without proper notice on commercial lease.

Landlord wants to put up brokers marketing sign in our lease space before our lease term expires. Lease does not have the provision that landlord can enter and put up the sign. Can tenant withhold rent payment or charge landlord for usage of leased property (window) for advertising?

Fred Bopp III
Fred Bopp III answered on Nov 10, 2021

The answer to whether your landlord can put up a broker’s marketing sign in your lease space before your lease term expires will likely depend on the language of your lease. It is generally standard for a commercial lease to contain a provision allowing a landlord to do this under certain... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My current landlord and I resigned the lease but never changed the dates on my copy, is my lease still active?

My copy still has the old dates of 11/1/20 to 11/1/2021. They just had me resign but didn’t change any of the dates and it’s 15 days early.. is my lease good or does it technically not start yet?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2021

This question is difficult to answer properly without seeing the lease, but in general, the answer will depend on the intent of the parties in resigning the lease. If you both resigned the lease with the intent to extend the term for the same period, i.e. another year, then your current lease will... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My landlord keeps texting me saying they need to get into the house and giving me a few hours notice at best.

On 2 occasions my landlord has text me saying they need to get the furnace cleaned and asked if I could be at home to do so with a 30 min notice. Is this legal?

Fred Bopp III
Fred Bopp III answered on Oct 21, 2021

Applicable Maine law provides as follows: "A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I have an annoying landlord who enjoys harassing us about our own life decisions.

N/A

Fred Bopp III
Fred Bopp III answered on Oct 19, 2021

I suggest you contact Pine Tree Legal Assistance: https://ptla.org/contact-us#Augusta

Call Us

(207) 622-4731

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: After eviction for lease expiration, the tenant owes close to $10,000.00; how can landlord claim,track tenant&collect?

My understanding is that small claim court limit is much less than that in Maine. Do I need a lawyer? How much does it roughly cost?

Fred Bopp III
Fred Bopp III answered on Oct 13, 2021

You are correct about small claims court – the limit is $6,000. If the landlord is an entity, then the general rule is the entity needs to be represented in court by an attorney (it cannot represent itself). If the landlord is a natural person, he or she can represent themselves in court,... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to pay my share of rental if I move before the lease ends and landlord does a walk through?

Signed a year lease on a 2 bedroom and my relationship with my roommate became untenable to where I did not feel comfortable staying there. I told the landlord that I

was going to move but would pay out the lease (two more months). I found another place and the landlord has done a... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 25, 2021

You say, “the manager made it clear I was not required to . . . pay out the lease (two more months).” If that constituted a binding agreement, then you have no legal obligation to pay any more rent.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: I paid ( in full) a year long lease and my landlord died. Can the new owner evict before my paid lease is up?

They have already had a sheriff server everyone in nearby units, but we paid the whole year upfront.

Fred Bopp III
Fred Bopp III answered on Aug 24, 2021

The answer will depend primarily if not exclusively on the terms of the lease, but the fact that you paid a year's worth of rent upfront may entitle you to remain in the leased property until the end of that period.

1 Answer | Asked in Landlord - Tenant and Probate for Maine on
Q: Got a lease 10/1/20 for 1 year and month to month after. Landlord passed 01/21. Haven't heard a peep. He lived in NY.

I went as far as calling the bank, then calling the probate court,, getting the lawyers name, calling and leaving a voicemail and have not heard anything. Reecntly financial troubles arose I had to dip into the saved rent money and now do not have what I would technically owe. I am fearful someone... Read more »

Daniel J. Eccher
Daniel J. Eccher answered on Jul 13, 2021

You are in a very tenuous situation; you should be looking for a new home for both you and your parents that you can afford. It seems as if you have paid for repairs, but you have not guarantee that you will ever be reimbursed for that. Do you know how much the mortgage payments are? If you are... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can a landlord evict me after I took back property he stole from me?

I got a pressure washer for free one fall day with the landlords boyfriend. Stored it under the porch to my apartment. boyfriend then took it, told me he threw it away because he thought it was his. He pulled it out of his garage 2wks later asked me to check it over and see what it needed to work.... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 12, 2021

You have not provided enough facts for me to answer your question. For example, do you have a written lease? Did the landlord provide you with a written notice to quit? If so, what did it say?

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Maine on
Q: i have a situation that above me another tenant is doing drugs and pot,and it has made me sick and my cat sick

i did call M.P.D. and they came and tried to get her to talk,she didn't answer and i could hear her above me,i tried the landlord to do something,it has made me sick and my cat,what can i do?

Fred Bopp III
Fred Bopp III answered on Jun 9, 2021

I do not know what "M.P.D." means. I would suggest you report this conduct to your local law enforcement agency and see what they can do for you. You could also report it to the town code enforcement officer or other appropriate official. Here is a link to some more information:... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord kick me out for filing a complaint regarding my family’s safety?

We filed a complaint that snowmobiles being started in the garage below us were causing gas fumes in our home. I have a pregnant wife and three small children home all day having to breathe it. Our land lord says they should be able to use their garage how they please without worrying about gas... Read more »

Fred Bopp III
Fred Bopp III answered on Feb 28, 2021

The question is whether the landlord's use of the garage "renders the dwelling unit unfit for human habitation." If so, "then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:

A. A condition,...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can an at-will tenant who payed rent in full sue for constructive eviction if heat was lost and not fixed for a month?

In February 2020 I became an at-will tenant after an amicable year lease expired before I was able to find a new place. Despite my roommate moving without communicating with me: I covered the $1575 rent by myself and confirmed via text I would have another month. Heating system failed the first... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 31, 2021

Question: If I want to sue for $4,000, do I have to produce proof of every expense accrued?

Answer: Yes.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can our deceased landlord’s son take control of the property and astronomically raise our rent?

Our landlord of 12 years just died. She never once raised our rent & we only signed a lease when we moved in. Assuming the ownership of the property (it’s a duplex) gets shifted over to her son, can he raise the rent super high or kick us out? We’ve been great tenants, we’ve caused no... Read more »

Fred Bopp III
Fred Bopp III answered on Dec 22, 2020

Not to answer your question with a question, but is the original lease term still in effect? If it is, then your landlord should only be able to increase the amount of rent after the lease term expires.

As far as how much could your landlord increase the rent, normally, a landlord can set...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: My mother had a verbal agreement to rent to own a house but now the owner saying that they didn't know we were moving

In and had the cops come and give us 48 hours to leave or we will be arrested for trespassing is this legal

Fred Bopp III
Fred Bopp III answered on Dec 16, 2020

You should explain your side of the story to the police. Ask to speak to the Chief, if necessary. Typically, the police will not get involved in civil disputes.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord sold the place and when the lease was up the new owners never gave me a new lease and are now evicting us a

evicting us stating we are at will tenants

Fred Bopp III
Fred Bopp III answered on Oct 20, 2020

If your lease expired according to its terms, then you are tenants at will. That said, you may have some options and defenses available to you. I would suggest you read the information contained on this website: https://ptla.org/covid-19-maine-eviction-rental-housing-faq

Also, here is a...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: Is the landlord required to put a lien on the deed when you're in a rent to own home in Maine?

The documents that I signed clearly state that I'm responsible for the taxes on my mobile home. When I followed up with the town about why I have not gotten the bill, they told me that the landlord/seller (also owns the park) is keeping it in their name and is refusing to put it in my name.... Read more »

Fred Bopp III
Fred Bopp III answered on Sep 30, 2020

It sounds like what you are talking about is a land installment contract, the minimum contents of which are specified in 33 M.R.S. § 482.

33 M.R.S. § 482(1)(K) provides the land installment contract shall contain: “A statement which explains that the contract is not a mortgage and that...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Foundation falling in, no lease, landlord giving us no info

foundation was never safe, tenants werent aware, landlord made them leave, gave them a house to stay in that he is trying to rent out, he is still showing it and will not let us rent it. Tenants not sure if landlord could just make them leave and be done, they have 3 kids and the landlord had let... Read more »

Fred Bopp III
Fred Bopp III answered on Aug 13, 2020

Sorry, but I would need a clearer explanation of the facts before I could venture an answer.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Maine on
Q: If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?

do I have to refund the pro-rated rent or can I apply it towards the substantial damages?

Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?

Fred Bopp III
Fred Bopp III answered on May 29, 2020

First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she... Read more »

2 Answers | Asked in Landlord - Tenant for Maine on
Q: Do I have to allow property manager entry to my unit to film a walkthrough during stay at home order?

I am moving out the first week of June. Landlord said the property manager needs to enter my unit ASAP to film a video walkthrough for prospective tenants. Is this compliant with current COVID regulations? Three unit non-owner occupied residential building in Portland.

Fred Bopp III
Fred Bopp III answered on May 5, 2020

The first thing you want to do is review your lease to see if there is any language in it addressing this situation.

As to the COVID issues, on April 15, 2020 the Maine Department of Economic and Community Development (DECD) released new guidance for its previous determination that real...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: hello i have a year lease and it ends june 1st landlord doesn't want to extend lease for us

i was hoping to extend the lease one month he denied it after we decided we did not want to buy the house. and with the stay at home oder we have been having difficulty finding our new home can he evict us on june 1st we live in maine thank you for your help joey

Fred Bopp III
Fred Bopp III answered on Apr 23, 2020

Your landlord can start the eviction process the day after your lease ends. Whether that process can move forward in court will depend on whether the courts will be scheduling and holding hearings in eviction actions at that time.

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