- Eviction Notice Types in Maine
- Maine Eviction Laws
- Maine Eviction Process
- Eviction Notice Sample
- FAQs About Maine Eviction Notices
Maine Eviction Notice
Eviction Notice Types in Maine
It’s necessary to provide the correct type of Maine eviction notice to the tenant you’re removing from your property. If you don’t, the eviction could be overturned or take significantly longer to complete.
You must give your tenant the precise legal document for the situation, detailing a valid legal reason for the eviction under ME statutes. This will also affect how long you must give the resident as notice before they have to leave the property.
As seen below, there are a few different options in Maine when completing an eviction.
7-Day Notice to Quit (Non-Payment)
If the tenant doesn’t pay rent on time or within the state-mandated 7 day grace period, you can serve them with a Maine 7-Day eviction notice. This requires the tenant to either pay the rent owed or to quit the property within 1 week.
Assuming the tenant pays the rent within this time given, the notice will be null and void. However, if payment isn’t made, and they still refuse to leave, the landlord can sue the tenant in court.
7-Day Notice to Quit (Non-Compliance)
If a tenant fails to comply with the terms of the lease, aside from not paying rent, Maine landlords may issue them with a 7-Day Notice to Quit. This gives them 1 week to correct the issue or leave the property unless the lease contract specifies a longer time period.
Assuming the tenant corrects the violation, the notice will be rendered invalid. A new eviction warning will need to be issued if other breaches of the contract occur.
However, it’s also possible to issue an unconditional 7-Day Notice that doesn’t give the tenant a chance to correct the violation. This only normally happens when more severe transgressions take place.
30-Day Notice to Quit (Month-to-Month)
ME Landlords with tenants on flexible monthly rental agreements may end the tenancy without cause, as long as they provide a 30-Day Eviction letter.
If this is used, the tenant must leave the property within 30 days of this notice being delivered.
Be aware, however, if you continue to accept rental payments during this period, the notice will be considered null and void. This also does not include any payments of owed back rent.
Maine Eviction Laws
An eviction notice in Maine is only legally valid if it provides the correct amount of notice based on the purpose for the lease termination. The reason you evict the resident must also comply with ME law.
In Maine, you may evict someone for the following reasons:
|Nonpayment of rent||7 days' notice (after a legal grace period of 7 days has passed)|
|Non-Compliance||7 days' notice|
|Illegal Activity||7 days' notice|
|Substantial Property Damage||7 days' notice|
|Lease Termination||30 days' notice|
Maine Eviction Process
Evicting a tenant in Maine follows a strict legal process. When issuing an eviction notice, you must make sure that you correctly:
Detail the reason the lease is being terminated.
Provide sufficient time for the tenant to respond.
Serve the notice in a legally appropriate manner.
In most cases, that is enough to make a tenant vacate on their own. However, as eviction is a lawsuit procedure, it may be necessary to take additional steps if the resident refuses to leave.
To complete an eviction process in Maine you will need to:
Serve an eviction notice with the correct notice period and a legal reason to evict.
File for Forcible Entry and Detainer eviction in a local Maine District court if the tenant doesn’t obey the notice.
Attend the court hearing in person to make your case to the judge.
Request a Writ of Possession from the clerk of the court if the judge rules in your favor. This can be obtained 7 days after the judgment is handed down.
Deliver the Writ to local Maine law enforcement.
If the tenant refuses to leave within 48 hours after the Writ has been served, the authorities may carry out a forced eviction.
Eviction Notice Sample
Before starting your own Maine eviction notice, it can help to see what a real sample of this legal document looks like. Find out how an eviction notice should appear on paper with our template example below.
FAQs About Maine Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about Maine’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in Maine?
To successfully evict a tenant in Maine state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a Maine District Court for an eviction judgment. If the judge rules in the landlord’s favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in Maine?
The eviction process in Maine usually only takes around 1-2 months to complete. If a properly prepared eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 7 days from when the notice has been served.
How to File an Eviction in Maine
If a tenant doesn’t comply after being served with a legally valid Maine eviction notice, it will be necessary to file a Forcible Entry and Detainer case against them. To do this, the landlord will need to visit their local Maine District Courthouse and file the case with the clerk of the court and provide the following evidence:
A copy of the lease agreement
The eviction notice that has been served (including proof of service)
Proof of any violations such as photographs, police reports, or receipts
Any witnessing parties to the violations