Can I Sue My Landlord in Maine?
Yes — in many situations. These are the main claims Maine tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| Penalty for withholding | Twice the amount wrongfully withheld, plus reasonable attorney's fees and court costs. Tenant must give the landlord at least 7 days' notice of intent to sue; if the deposit is not returned within those 7 days, wrongful retention is presumed. Landlord bears the burden of proving the withholding was not wrongful. Source: 14 M.R.S. § 6034 |
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| Deposit return deadline | Written rental agreement: within the time stated in the agreement, which may not exceed 30 days. Tenancy at will: 21 days after termination or surrender and acceptance of the premises, whichever is later. A landlord who misses the deadline or fails to give the written statement forfeits the right to withhold any part of the deposit (§ 6033(3)). Source: 14 M.R.S. § 6033(2) |
Free Maine security deposit demand letter
You were locked out or your utilities were cut off
| Lockouts & utility shutoffs | Self-help eviction is illegal: a landlord may not willfully interrupt utilities (water, heat, electricity, gas, etc.), lock the tenant out, or seize the tenant's property except by judicial process. Remedy: actual damages or $250, whichever is greater, plus costs and reasonable attorney's fees. Temporary interruptions for actual repairs or emergencies are exempt. The AG advises tenants to call local law enforcement and notify the AG's office. Source: 14 M.R.S. § 6014 |
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Your landlord retaliated after you complained
| Landlord retaliation | Rebuttable presumption of retaliation if the landlord files an eviction within 6 months after the tenant: asserted rights under §§ 6015, 6016, 6021, 6030-D, 6030-I or 6030-J; made a good-faith code complaint (or a code agency filed one); made a good-faith written complaint or repair request; filed a fair-housing complaint with the Maine Human Rights Commission or HUD; notified the landlord of domestic violence/sexual assault/stalking victim status; or reported sexual harassment by the landlord. No writ of possession may issue unless the presumption is rebutted. The presumption does not apply to evictions based on § 6002(1) for-cause grounds or a lease violation (unless the tenant asserted § 6026 rights). Subsection 3 amended by PL 2023, c. 594. Source: 14 M.R.S. § 6001(3) |
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Your landlord won't make repairs
| Repair and deduct | Allowed for conditions that endanger or materially impair health or safety when the reasonable cost is less than the greater of $500 or 1/2 of the monthly rent. Tenant must give written notice of intent by certified mail (return receipt); landlord has 14 days to fix (or as promptly as conditions require in an emergency). Tenant then deducts the actual reasonable cost with an itemized statement. Not available if the tenant/guest caused the condition or landlord was unreasonably denied access. Does not apply to owner-occupied buildings with 5 or fewer units. Electrical, plumbing and oil-burner work must be done by a licensed professional; tenant cannot charge for own labor. Separately, if a landlord fails to pay a utility account in the landlord's name, the tenant may pay it and deduct from rent (§ 6024-A, https://legislature.maine.gov/statutes/14/title14sec6024-A.html). Source: 14 M.R.S. § 6026 |
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| Withholding rent | No statutory self-help rent withholding. Remedies for habitability breaches run through court: a tenant who was current on rent when giving written notice may sue under the warranty of habitability for injunction and rent abatement; a tenant sued for nonpayment may raise the landlord's habitability breach as a defense. The statute sets no fixed repair deadline (uses 'unreasonable delay' / 'prompt, effective steps' standards) and does not address escrow. Habitability defense in nonpayment cases: § 6002(3) (https://legislature.maine.gov/statutes/14/title14sec6002.html). § 6021 amended by PL 2025, c. 515 to add a mold/moisture breach (§ 6021(6-B)). |
| Mold | Yes, by statute. It is a breach of the implied warranty of habitability for a landlord to offer for rent a unit with a leaking event (a water leak from flooding or a roof, window, door, plumbing, foundation or appliance failure), or chronic moisture or humidity outside the tenant's control, that results in the growth of mold, bacteria or other biological organisms. A tenant who gave written notice, is current on rent and did not cause the condition can sue; the court can order repairs, reduce rent to the unit's fair value, or let the tenant temporarily vacate without paying. Municipalities may adopt stricter standards. The mold subsection and the 'leaking event' definition are new (PL 2025, c. 515). There is no separate mold-disclosure requirement for tenants. The court may not award consequential damages under § 6021. |
| Pests & bed bugs | Detailed bed bug statute. The landlord must inspect within 5 days after written or oral notice from a tenant, contact a licensed pest control agent within 10 days after confirming an infestation, and pay for treatment by an insured agent. Before renting, the landlord must disclose if an adjacent unit is infested or being treated, and on request must give the last date the unit or adjacent units were inspected and found free of bed bugs. A landlord may not rent a unit known or suspected to be infested. Tenants must promptly report suspected bed bugs, allow access on reasonable notice, and follow treatment measures. A tenant who unreasonably fails to cooperate pays for the resulting treatments. A noncompliant landlord owes the greater of $250 or actual damages, plus attorney fees. The landlord must offer reasonable help (repayable over up to 6 months) to tenants who can't do the required prep, but need not provide other lodging or replace belongings. Other pests fall under the general habitability warranty (14 M.R.S. § 6021). Source: 14 M.R.S. § 6021-A |
| Heat | When the lease obligates the landlord to provide heat, the heating system must be able to keep at least 68°F (measured 3 feet from exterior walls and 5 feet above the floor, at an outside temperature of -20°F). The landlord must not keep it so cold that it is injurious to health and must keep pipes and systems from freezing. Falling short breaches the warranty of habitability. A landlord and tenant can agree in a separate signed writing to a lower setting, but not below 62°F, with a fair rent reduction. The agreement is revocable and not allowed if anyone over 65 or under 5 lives there. No statewide heating season is set. Municipalities may adopt stricter heat standards; less strict local rules are invalid. Separate rules cover landlord-paid utilities and common-area heat (14 M.R.S. §§ 6024, 6024-A). Source: 14 M.R.S. § 6021(6), (6-A) |
Free Maine repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| Landlord entry notice | Reasonable notice at reasonable times; 24 hours' notice is presumed reasonable. No notice needed in an emergency or where impracticable. Tenant may not unreasonably refuse entry for inspections, repairs, improvements, or showings. Remedy for unlawful entry or repeated harassing demands for entry: actual damages or $250, whichever is greater, plus injunction; attorney's fees after a contested hearing. Tenant who changes locks must give landlord a key within 48 hours (72 hours for a victim). Amended PL 2023, c. 336 and PL 2025, c. 767. If a tenant changes the lock and refuses to give the landlord a key, the landlord may end the tenancy on 7 days' notice, and in an emergency may enter by any reasonable means (§ 6025(3)). An emergency involving an animal's welfare (§ 6025-A) permits entry without 24 hours' notice. Source: 14 M.R.S. § 6025 |
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| Cameras & privacy | No landlord-specific statute. Under the general privacy crime, it is a Class D crime to install or use a device to observe, photograph or record in a 'private place' (such as a bathroom or bedroom) without the consent of those entitled to privacy there. Using a device outside a private place to capture images or sounds from inside that would not normally be visible or audible is also a crime. Intercepting oral or wire communications is a Class C crime unless the person recording is the sender or receiver of the communication. Cameras in common areas aren't specifically regulated. § 710: https://legislature.maine.gov/statutes/15/title15sec710.html. § 709 definition of 'intercept': https://legislature.maine.gov/statutes/15/title15sec709.html. Landlord entry rules (24 hours' notice) are in 14 M.R.S. § 6025. |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing Section 8 / source of income | Yes. The Maine Human Rights Act makes it unlawful to refuse to rent to, or impose different tenancy terms on, someone who receives federal, state or local public assistance, including housing subsidies such as vouchers, primarily because they receive it. The statute says 'primarily because of the individual's status as recipient.' It covers public assistance only, not every lawful source of income. Source: 5 M.R.S. § 4581-A(4) |
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Other claims tenants bring in Maine
| Constructive eviction (conditions forced you out) | No Maine statute uses the term "constructive eviction." Making a home unlivable to force a tenant out, for example by willfully cutting off water, heat, electricity or other utilities, or denying the tenant access to the home or belongings without a court order, is an illegal eviction. The court must award the tenant the greater of actual damages or $250, and may award costs and reasonable attorney's fees. For serious habitability problems, a tenant may sue under the warranty of habitability, and the court can set the fair value of the unit and order a rent rebate for the period after the landlord got notice. These remedies add to any other rights the tenant has. Get legal advice before moving out or withholding rent. Source: 14 M.R.S. §§ 6014, 6021 |
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| Covenant of quiet enjoyment | No Maine statute expressly names a covenant of quiet enjoyment. The statutes protect possession and privacy instead: a landlord may not willfully interrupt utilities or deny the tenant access to the home or belongings without court process, and except in an emergency must give reasonable notice (24 hours is presumed reasonable) before entering, at reasonable times. Any broader covenant comes from court decisions. |
| Injuries on the property | A lease or rule provision that frees the landlord from liability for the negligence of the landlord or the landlord's agent is unenforceable and an unfair trade practice. A landlord is not liable for injuries or damage involving a tenant's assistance animal, except for the landlord's gross negligence, recklessness or intentional misconduct or when the animal belongs to the landlord. In a warranty-of-habitability suit, the court may not award consequential damages. Other injury claims are decided under court decisions on negligence. |
Where and when to sue
| Small claims limit | $10,000, not counting interest and costs (effective January 1, 2026). Actions involving title to real estate are not small claims. Raised from $6,000 by PL 2025, c. 261. Small claims also may not be used for a personal injury case against a city or town or to collect a consumer debt under Title 32, Chapter 109-A (Judicial Branch guide). Source: 14 M.R.S. § 7482 |
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| Small claims filing fee | $70 to file a small claims action (includes a $15 mediation fee). Optional service by the clerk costs $15 per party. A small claims disclosure (collection) hearing costs $30 per defendant. Fees can be waived by filing an Application to Proceed without Payment of Fees (CV-067). Fee-waiver form described in the Judicial Branch guide: https://www.courts.maine.gov/help/guides/sc-guide-2026.pdf |
| Deadline to sue on a written lease | 6 years for civil actions generally, including suits for unpaid rent or damages under a written or oral lease. 20 years only for contracts under seal (or promissory notes signed with an attesting witness). § 751: https://legislature.maine.gov/statutes/14/title14sec751.html. Ordinary leases are not under seal, so the 6-year limit normally applies. Source: 14 M.R.S. § 752; 14 M.R.S. § 751 |
How small claims court works in Maine →
Tenant lawyers and free legal aid in Maine · Maine tenant rights · Suing a landlord 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.