Lawyers, Answer Questions  & Get Points Log In
Maine Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maine on
Q: If someone owed 2 months back rent does the landlord have to give back the deposit?

I brought them to court to have them removed. They still owe me rent plus late fees plus repairs. They are telling me I have to give back the deposit. I don't agree.

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

Depending on the numbers involved, you are likely correct. In a residential lease situation, the landlord can keep all or part of the tenant’s security deposit if there are damages to the property that aren’t just “normal wear and tear” and/or the tenant owes the landlord rent when the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Do I have to give someone renting a room in my house a key to my garage?

My father allowed my brother to come stay with him for a couple months while he was looking for his own apartment. During that time, my father passed away. I inherited the house and now my brother is renting a bedroom from me, there is no lease. He insists that I give him a key to my garage and has... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 13, 2019

I am assuming you are now the sole owner of the house and your brother is a tenant at will under an oral agreement with you. In these circumstances, I don’t see any reason why you would need to give him a key to the garage, especially since you are allowing him to access the items he has in... Read more »

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Maine on
Q: Can a landlord charge you both a $25 monthly pet fee as well as $250 pet deposit?

Tenants in the state of Maine with no current lease agreement.

Fred Bopp III
Fred Bopp III answered on Aug 8, 2019

Generally speaking, if you are a tenant without a written lease in Maine, you are what is called a “tenant at will,” which typically means your rights are defined and specified by Maine statutes and applicable case law. I am not aware of any Maine statutory prohibition against a landlord... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Evict a tenant at will after complaints from the two other tenants living in the house.

Three tenants at will living in the same house. They have a co-tenant agreement between them. I have received multiple complaints from two of the tenants about the other individual for missing items and not helping with any chores around the house. I'm not sure weather I should evict the one tenant... Read more »

Fred Bopp III
Fred Bopp III answered on Jul 27, 2019

Under Maine law, to evict a tenant at will for causing a nuisance within the premises, you will first need to provide a 7-day Notice to Quit (which must conform to the statutory guidelines) terminating the tenancy at will. As landlord, you will need to show, by affirmative proof, that the tenant... Read more »

2 Answers | Asked in Real Estate Law, Civil Rights, Elder Law and Landlord - Tenant for Maine on
Q: I am being forced to vacate my residence with 3 days notice, no legal document or reason. My mother owns the structure.

Owned a trailer for 12 years in a seasonal RV park. We violated no RV park rules (posted online). I was accused of theft one town away (returned property/misunderstanding) not arrested or charged with any crime. We're being forced to vacate, no eviction notice, no documentation. Is this legal? How... Read more »

Daniel J. Eccher
Daniel J. Eccher answered on Jul 18, 2019

I think you should each get your own lawyer. If you (the daughter) have a low income, you may be able to get help from Pine Tree Legal Assistance (they have a great web site: www.ptla.org). Your mother, if she is over 60, should be able to get help from Legal Services for the Elderly... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Maine on
Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.

I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer place because we... Read more »

Fred Bopp III
Fred Bopp III answered on Jun 23, 2019

I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord increase my rent in the middle of a lease?

Can I withhold rent if there are issues with my apartment that arent being fixed?

Fred Bopp III
Fred Bopp III answered on May 27, 2019

You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?

She has been driving by our house at a crawl, walking around our yard, and when she thinks nobody is home, she enters the home to put notes on our stove. I just want to know if this is legal since she owns the lot and not the trailer we live in or if we can get a protection order or something to... Read more »

Fred Bopp III
Fred Bopp III answered on May 2, 2019

To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?

That said, and subject to the terms of your lease, I would...
Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements

It was my cousins apartment she was on a month to month basis she couldn't afford her half of the bills and moved I still pay the rent can landlord make me move when I been paying the rent or do they have to evict me threw the courts

Fred Bopp III
Fred Bopp III answered on Feb 4, 2019

I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law.... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days

It's been 85 and they charge us money for opening windows..we are getting no sleep and sick from this and they have been notified about it.

Fred Bopp III
Fred Bopp III answered on Jan 29, 2019

Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?

I live in Maine. My lease doesn't say anything about designated areas for parking and they don't have signs up. My car's battery needs to be replaced that is why I can't move it.

Fred Bopp III
Fred Bopp III answered on Jan 26, 2019

I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord shut water off morning after paying rent; won't answer his door or phone and have left notes on his door.

We have all receipts from rent payments, plus we gave him a phone and internet services from our set-up. His other tenant has not paid for some time now, I understand if he wants to shut her water off, but he doesn't have 2 separate shut offs for the water. My boyfriend and I are going on 2 weeks... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 21, 2018

Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My tenant passed away and was 3 months behind on rent. Can I still get the money from his family?
Fred Bopp III
Fred Bopp III answered on Nov 10, 2018

If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord changed lease to have us pay electric but not other tenants, shared water heater and common area on our bill.

Our original lease with previous owner included all utilities. After being bought by new owner, landlord started requesting extra $ from us for the electric bill. A few months ago landlord forced us to sign new lease, lowering rent by $50, but putting electric in our name (bill averaging... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 3, 2018

Generally speaking, once you signed the new lease, you're bound by its terms, unless, for example, you have a claim that you were under duress at the time you signed it (which is very difficult to prove). I would suggest contacting CMP to see if they can help you sort out exactly what portion of... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maine on
Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?

The buyer has a 30-day contract to buy the house..the title work was begun a month before his contract was signed. There is a 'gap in ownership' that the title company says is not an easy fix. They claim it could drag on for awhile. The owner is doing nothing to repair the title and obviously never... Read more »

Elliott R. Teel Esq
Elliott R. Teel Esq answered on Feb 22, 2018

More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.

Depending on the problem with the title, it may not be worth exercising your option right now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.