How to Evict a Roommate in Maine (and Other Household Situations)
What Maine law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Maine's eviction (forcible entry and detainer) statute covers a tenant under a written lease and any 'person holding under such a tenant'. When several people live in a unit, an eviction binds all occupants if the landlord names 'all other occupants' along with every adult on the lease or whose tenancy the landlord has acknowledged, for example by accepting rent. So a roommate can become the landlord's tenant through the landlord's acknowledgment, such as accepting rent from them; otherwise their status depends on the facts. 14 M.R.S. § 6001(1)
| Roommate not on the lease | Maine's eviction (forcible entry and detainer) statute covers a tenant under a written lease and any 'person holding under such a tenant'. When several people live in a unit, an eviction binds all occupants if the landlord names 'all other occupants' along with every adult on the lease or whose tenancy the landlord has acknowledged, for example by accepting rent. So a roommate can become the landlord's tenant through the landlord's acknowledgment, such as accepting rent from them; otherwise their status depends on the facts. Source: 14 M.R.S. § 6001(1) |
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| Removing a roommate or subtenant | Evictions carried out without the court process in 14 M.R.S. chapter 709 are illegal; lockouts, removing belongings and cutting off utilities are prohibited. A roommate who is a tenant at will must get at least 30 days' written notice, which must say they have the right to contest it in court, and then a forcible entry and detainer case may be filed. A 7-day notice is allowed for listed causes, including when the person occupying the premises is not an authorized occupant. A landlord who illegally evicts owes the greater of actual damages or $250, plus costs and attorney's fees. Since 2024, a termination notice must include the court's form notice (14 M.R.S. § 6001(7)). |
| Guests who won't leave | No statute sets when a guest becomes a tenant. A landlord may end a tenancy on 7 days' written notice if the person occupying the premises is not an authorized occupant. Forcible entry and detainer may also be brought against a 'disseisor', meaning a person in possession without right. Evictions done outside the court process are illegal. A landlord may also seek a criminal no-trespass order against a nontenant who commits domestic violence, sexual assault or stalking at the premises (§ 6001). |
| Removing a family member or partner | No statute specifically addresses removing a family member or partner who has no lease. A household member who lives there at will generally must receive at least 30 days' written notice, followed by a forcible entry and detainer case if they do not leave; self-help evictions are illegal. Where there is abuse, a protection from abuse order may address who stays in the home. Source: 14 M.R.S. §§ 6002, 6014 |
| Renting a room in your own home (lodgers) | No statute — Maine's residential landlord-tenant chapters (14 M.R.S. chs. 709 and 710) contain no separate rule for a lodger or roomer in an owner's home. A person renting a room at will is generally a tenant at will entitled to 30 days' written notice and court process. Whether a particular room arrangement creates a tenancy depends on the facts. |
| Tenancy at will | Either party ends a tenancy at will with at least 30 days' written notice (shorter, 7-day notices are allowed for causes such as substantial damage, nuisance, or rent 7 or more days late). A landlord's notice must tell the tenant they have the right to contest the termination in court. Once the tenancy ends, the tenant is subject to forcible entry and detainer without further notice. A tenant 7 or more days behind in rent who pays the full amount before a 7-day notice expires voids that notice. Source: 14 M.R.S. § 6002 |
| Hotel and extended-stay guests | No statute — Maine's residential landlord-tenant chapters (14 M.R.S. chs. 709 and 710) do not address hotel or motel guests or set a number of days after which a guest becomes a tenant. Other Maine laws on innkeepers and lodging places may apply to hotel guests; a long-term stay may be treated as a tenancy depending on the facts. |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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Maine eviction laws · Free legal help in Maine · Roommate rules in other states
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.