Maine Residential Lease Agreement
A free Maine lease template, plus what Maine law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures Maine requires
| Total price disclosure | Before a lease or tenancy at will is entered, the landlord must give the prospective tenant a written disclosure of total rent, any mandatory recurring fee, any optional recurring fee, utility service costs and any other cost the tenant will pay under the agreement. It must be plain and readily understandable, signed by both parties, and each party gets a copy. Not required if the tenant pays no mandatory or optional recurring fees. A lease is unenforceable if the landlord does not receive a signed copy of this disclosure. Applies to: all residential leases and tenancies at will where the tenant pays recurring fees Source: 14 M.R.S. § 6030-J; § 6030(4) |
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| Energy efficiency disclosure | Before a tenant who will pay for the unit's energy supply signs a contract or pays a deposit, the landlord must provide a residential energy efficiency disclosure statement (or, alternatively, list prior energy suppliers in the rental application with the required statement about the tenant's right to a 12-month consumption history). The landlord and tenant sign the statement and the landlord keeps it at least 3 years. Starting January 1, 2030, a tenant who did not receive a signed statement may end the lease on 30 days' written notice. Applies to: units where the tenant pays for the energy supply Source: 14 M.R.S. § 6030-C |
| Radon | Before a tenant signs a lease or tenancy at will or pays a deposit, the landlord must give written radon disclosure on the state Department of Health and Human Services form, which includes the tenant's acknowledgment of receipt. Existing tenants must be notified within 30 days after the landlord receives test results. If a test shows 4.0 pCi/L or more, either party may end the lease on at least 30 days' notice. Applies to: residential buildings (excludes buildings used only for short-term rentals of 100 days or less) Source: 14 M.R.S. § 6030-D(2), (8) |
| Smoking policy | Before a tenant signs a contract or pays a deposit, the landlord must give written notice stating whether smoking is prohibited, allowed throughout, or allowed only in limited areas (and naming those areas), and must get the tenant's written acknowledgment. In a written lease the policy may be stated in the lease itself; for a tenancy at will it must be a separate written notice. Applies to: residential premises used as a primary residence Source: 14 M.R.S. § 6030-E(2)-(3) |
| Bed bugs | Before renting a unit, the landlord must tell the prospective tenant if an adjacent unit is currently infested with or being treated for bed bugs. On request, the landlord must disclose the last date the unit (or an adjacent unit) was inspected and found free of bed bugs. A landlord may not offer for rent a unit the landlord knows or suspects has bed bugs. Applies to: all residential rentals Source: 14 M.R.S. § 6021-A(2)(D)-(E) |
| Late fee notice | A late fee may be charged only if the landlord gave the tenant written notice, when the rental agreement was entered, that a penalty of up to 4% of one month's rent may be charged. Rent is not late until 15 days after it is due. Applies to: all residential tenancies Source: 14 M.R.S. § 6028 |
| Optional recurring fees | An optional recurring fee (for a non-essential added service or feature) may be charged only if, before it starts, the landlord gives written notice that the tenant may opt in and may stop paying at any time without penalty. The landlord may not deny or end a tenancy because the tenant opts out. Applies to: all residential tenancies Source: 14 M.R.S. § 6030-I |
| Security deposit account | The deposit must be held in a bank or other financial institution account, beyond the reach of the landlord's creditors and not commingled with the landlord's assets. On the tenant's request, the landlord must disclose the name of the institution and the account number. Applies to: all security deposits Source: 14 M.R.S. § 6038(1) |
| Cash receipts | For every rent or security deposit payment made in cash, the landlord must give a signed written receipt showing the date, amount, payer, period covered, whether it is rent or deposit, and the receiver's printed name (a tenant-kept rent card with this information also works). Applies to: all units except those in owner-occupied buildings of 5 or fewer units Source: 14 M.R.S. § 6022 |
| Screening fee | Application fees are not allowed. A landlord may charge only the actual cost of one background check, credit check or other screening, no more than once per applicant in 12 months, and must first tell the applicant that the law requires giving them a complete copy of the information obtained. Applies to: rental applicants Source: 14 M.R.S. § 6030-H |
Terms Maine law requires or controls
| Deposit return period | A written rental agreement may set the deadline for returning the deposit or sending the itemized statement, but it may not exceed 30 days. Without a written agreement (tenancy at will) the deadline is 21 days. Applies to: all security deposits Source: 14 M.R.S. § 6033(2) |
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| Move-in payment cap | At the start of a lease or tenancy at will, the landlord, agent or broker may not require more than the first full month's rent, a security deposit within the legal limit, and any mandatory recurring fee properly disclosed in the total price disclosure. Applies to: all residential leases and tenancies at will Source: 14 M.R.S. § 6022-A |
| Security deposit limit | The security deposit may not exceed 2 months' rent. Applies to: all residential leases Source: 14 M.R.S. § 6032 |
| Rent increase notice | Rent or mandatory recurring fees may be raised only after at least 45 days' written notice, or 75 days' notice if the increase (alone or with others in 12 months) is 10% or more. Any waiver of these notice periods is void. Applies to: all residential tenancies Source: 14 M.R.S. § 6015(1)-(2) |
| Agent for notices | Anyone authorized to sign the lease for the owner is treated as the owner's agent to receive legal papers, notices and demands. Applies to: all residential leases Source: 14 M.R.S. § 6023 |
| Common-area utilities | In a multi-unit building, a lease may not make the tenant pay for heat, electricity or other utilities serving common areas or other units unless both parties agree in writing in return for a stated rent reduction or other fair compensation approximating the actual cost. Waivers are void. Applies to: multi-unit buildings Source: 14 M.R.S. § 6024 |
Clauses that are void in Maine
| Waiver of tenant rights | A landlord may not require a tenant to sign a lease that waives rights under Maine's rental statutes (chapters 709, 710 and 710-A) unless the law specifically allows the waiver; doing so is an unfair trade practice. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(1) |
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| Landlord negligence exculpation | A clause excusing the landlord or its agent from liability for negligence is unenforceable. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(A) |
| Tenant pays landlord's legal fees | A clause requiring the tenant to pay the landlord's legal fees for enforcing the lease is unenforceable. Exception: a clause awarding fees to the prevailing party after a contested hearing is enforceable where the tenant acted in wanton disregard of the agreement. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(B), (3) |
| Landlord lien | A clause giving the landlord a lien on the tenant's property for unpaid rent or other sums is unenforceable. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(C) |
| Fairness acknowledgment | A clause requiring the tenant to acknowledge that the lease terms or rules are fair and reasonable is unenforceable. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(D) |
| Termination fees | Fees or penalties for ending a tenancy are unenforceable, except amounts covering re-renting costs when the tenant did not give required notice, unpaid rent, or repair of damage the tenant caused. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(E) |
| Undisclosed recurring fees | Recurring fees charged in violation of the optional-fee or total-price-disclosure rules are unenforceable. Applies to: all dwelling-unit leases Source: 14 M.R.S. § 6030(2)(F) |
| Late fee above cap | A late fee above 4% of one month's rent, or charged before rent is 15 days late, is not allowed. Applies to: all residential tenancies Source: 14 M.R.S. § 6028(1)-(2) |
Format and delivery rules
| Signed copies of price disclosure | The total price disclosure must be in plain, readily understandable language, signed by landlord and tenant, with a copy to each. Applies to: tenancies with recurring fees Source: 14 M.R.S. § 6030-J |
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| State model lease | The Maine Attorney General must post a model residential lease that complies with current law (including required disclosures and attachments) and update it every two years. The statute does not make its use mandatory. Applies to: informational Source: 14 M.R.S. § 6030-K |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by Maine law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice Maine law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with Maine law (14 M.R.S. § 6028).
6. Security deposit. Tenant pays a security deposit of $[deposit amount], within the Maine limit (14 M.R.S. § 6032). Landlord will return it, minus lawful deductions with any required itemized list, within the time Maine law sets (14 M.R.S. § 6033(2)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice Maine law requires (14 M.R.S. § 6025), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than Maine law requires.
14. Deposit return period. (Write this clause to meet Maine law: see "Deposit return period" above (14 M.R.S. § 6033(2)).)
15. Move-in payment cap. (Write this clause to meet Maine law: see "Move-in payment cap" above (14 M.R.S. § 6022-A).)
16. Security deposit limit. (Write this clause to meet Maine law: see "Security deposit limit" above (14 M.R.S. § 6032).)
17. Rent increase notice. (Write this clause to meet Maine law: see "Rent increase notice" above (14 M.R.S. § 6015(1)-(2)).)
18. Agent for notices. (Write this clause to meet Maine law: see "Agent for notices" above (14 M.R.S. § 6023).)
19. Common-area utilities. (Write this clause to meet Maine law: see "Common-area utilities" above (14 M.R.S. § 6024).)
20. Disclosures attached. Landlord has given Tenant these disclosures required by Maine law: Total price disclosure; Energy efficiency disclosure; Radon; Smoking policy; Bed bugs; Late fee notice; Optional recurring fees; Security deposit account; Cash receipts; Screening fee. [Attach each one.]
21. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
22. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.