Maine`s Eviction Act governs the eviction of tenants by landlords or landlords. In addition to providing a legal process that must be followed by the landlord, Maine`s Eviction Act provides several protections for the tenant, including the introduction of adequate notice prior to eviction and the prohibition of evictions based on discrimination. The new laws amend the “bed bug” laws that came into force on July 11, 2010. 14 M.R.S.A. §6021-A. The new bed bug law is comprehensive and requires ongoing communication and cooperation between landlords and tenants to address the bed bug problem in Maine. It establishes reactive measures for both parties in the event of an infestation. If the landlord decides to proceed with the eviction after properly informing the tenant, he must file an eviction action, also known as a lawsuit for forced entry and detention, and go to court. The success of evictions depends on the correct submissions, so the owner must submit all forms correctly. In order to evict you with 7 days` notice, your landlord must have a reason and state it in writing. If you are a tenant at will (and not a lease), the reason must be one of the following: when a tenant signs a lease, the lease serves as a binding contract; it dictates the relationship between the tenant and the landlord. In general, the lease will dictate the terms of an eviction in Maine. The termination clause (which is included in the lease) must explicitly state how a tenant is distributed in Maine.
The termination clause sets out the reasons and timelines for evicting a tenant in Maine. If there is no termination clause in the lease, the landlord cannot sell the tenant for the duration of the tenancy. Tenants can post useful pages when they are evicted> tenant assistance pages Yes, a tenant can still be evicted during the winter months as long as the reason is valid and the court has issued a writ of possession. If the landlord wins in the Eviction process in Maine, the court will issue a writ of possession within 7 days. After delivery, the tenant has only 48 hours to leave the property. If the tenant stays, a sheriff`s deputy or police officer can forcibly evict the tenants and keep their belongings at the tenants` expense. Rent is considered late in Maine 15 days after the due time. However, a grace period that gives more time to pay the rent may be available if it is specified in the lease. This article answers some common questions maine tenants have about their rights.
Each state has different laws to protect tenants – this article only covers the law in the state of Maine. If you live outside of Maine and are looking for help or information, try the LSC Legal Aid Finder or search for tenants` rights or tenants in your state. If you owe the landlord money for rent or damages, they can`t get a court order at the eviction hearing. You can only apply for an eviction order. Your landlord can sue you later if they want, for all the money you owe. If you can`t find a lawyer to help you, you can find more information about evictions here. Select “Non-payment” if this document must inform a tenant that they have seven days to transfer the payment of a rent payment that is currently unpaid and late, or to hand over the rental property to the landlord. This declaration requires the entry of certain information.
The first is the name of an agent authorized to accept the overdue payment in the absence of the undersigned. Next, declare the total amount that the tenant owes. Finally, find the statement in bold and indicate the dollar amount and rental period that the beneficiary will have to pay. Here, the tenant has seven days to transfer the outstanding rent or to release the property from the rental property to the landlord. If the lease is not renewed, the tenant may be invited to leave at the end of the term without further notice or communication. If the lease is accompanied by an automatic renewal clause; However, the landlord can only proceed with an eviction within seven days of the end of the initial tenancy period. In addition to this provision, the landlord may distribute a tenant in Maine in accordance with the termination clauses set out in the lease. For tenants who have a written lease, the landlord must refer to the written lease in order to provide the tenant with the appropriate written notice. If the lease does not specify a notice period, the landlord must instead proceed with the 7-day payment request.
If your landlord tries to evict you because you`re late in paying rent, you may be able to stop the eviction if you haven`t paid due to serious problems with your home that the landlord didn`t want to fix. This is called a “habitability defense guarantee” because the landlord has broken his promise to rent you a safe house. (See Dangerous or inappropriate enclosures.) In a number of circumstances, a Maine landlord can take steps to evict an annoying tenant. The reasons for starting an eviction process in Maine are as follows: Will-will tenants (tenants who work without a signed lease) are subject to evictions in Maine at any time and without a confirmed reason. That being said, when discussing how to evict a tenant in Maine, the landlord must provide the tenant with written notice 30 days or more before the eviction date. It is not necessary to respond to this notice with a ground for eviction, but the eviction cannot be treated for discriminatory reasons, for example because of the tenant.B sexual orientation or race. The summons and complaint must be served at least seven days before the scheduled deportation hearing. Step 1 – Before a landlord can go to court to evict a tenant, they must provide the tenant with the required written notice that they are in default or otherwise in violation of the lease or that the lease ends after 30 days. The landlord must try at least three times to deliver the notice in person. If this fails, the message can be sent by mail.
The landlord must keep a copy of the notice and proof that it was given. The termination forms are as follows: When discussing how to evict a tenant in Maine, you should understand that the bylaws set out the specific procedures that a landlord must follow in order for a tenant`s eviction from a rental property to be confirmed. 3 Failure to comply with these procedures not only results in the tenant remaining in the rental property, but also exposes you to a possible claim for violation of the tenant`s rights. Before you attempt to evict a tenant for breach of a lease, you need to gain a general knowledge of Maine`s tenant eviction laws. Most judges don`t believe the law gives them the power to give more time if you don`t have a legal defense. You can try to negotiate with the owner or his lawyer for some extra time. .