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Maine Landlord - Tenant Questions & Answers
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.

3 Answers | Asked in Estate Planning, Landlord - Tenant and Probate for Maine on
Q: My mom was married 33 years her husband passed on April 8th his son served her with eviction this week can he do that

The son took the safe out of house 2 days before his father died refuses to tell her if there is a will She is 81 And can’t afford d a lawyer what r her rights the house did belong to her husband but his son took deed over before he died son claims

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

I am sorry, but there aren't enough facts provided to answer your question. Your mom should contact the Maine Center for Elder Law at 207-467-3301 and https://mainecenterforelderlaw.com/.

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1 Answer | Asked in Landlord - Tenant for Maine on
Q: my landlord told me i was gonna be served by the sheriff and then told me no messing around.

My rent is due the 1st of the month. I sent my check out and it must of gotten lost in the mail. So the landlord emailed me and said " As of yesterday, December 11, I had not received rent for the month of December 2019 which was due on December 1. Pursuant to your lease, you are now also... Read more »

Fred Bopp III
Fred Bopp III answered on Jan 9, 2020

No, this is not harassment, but there are several potential issues here. One you may want to explore is, assuming this is a residential lease, the maximum late fee for rent not paid within 15 days after it is due is 4% of one month's rent. So, if your rent is $950 per month, the late fee... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Did I rightfully deduct for damages from a tenant who took over ownership from her grandmother?
Fred Bopp III
Fred Bopp III answered on Dec 8, 2019

In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the... Read more »

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My boyfriend is going to be charged with a disorderly conduct

We live in state housing and he is on the lease can the landlord kick him out?

Fred Bopp III
Fred Bopp III answered on Nov 25, 2019

You need to look at the terms of your lease.

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 »

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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... 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?... 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 »

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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... 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 »

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