Navigating Mid-Term Rentals in Maine: Key Regulations and Lease Essentials for Landlords

Maine has specific laws governing mid-term rentals (leases between one and six months). These regulations provide protections for both landlords and tenants, ensuring a fair and balanced rental environment. If you’re a landlord in Maine offering mid-term rentals, it’s essential to be aware of these laws and include the necessary provisions in your lease agreements.

1. Security Deposit Limits

• Maine Law: Maine limits the security deposit to one month’s rent for residential properties.
  
• Lease Provision: Clearly state the security deposit amount (not exceeding one month's rent) and outline the conditions for its return, including any permissible deductions for damage or unpaid rent.
  

2. Security Deposit Return

• Maine Law: Landlords must return the security deposit within 21 days after the tenant vacates the property. If deductions are made, an itemized list must accompany the refund.
  
• Lease Provision: Specify the return timeline and provide a clause explaining how and when deductions will be made for damages or unpaid rent.
  

3. Notice for Rent Increases

• Maine Law: For month-to-month tenancies, landlords must provide at least 45 days’ notice before increasing rent.
  
• Lease Provision: Include a clause outlining the notice period required for rent increases, even for fixed-term leases. Clarify whether rent increases are possible during the lease term and the notice required if applicable.
  

4. Eviction Process

• Maine Law: For non-payment of rent, landlords must give a 7-day notice to pay or vacate before filing for eviction. For other lease violations, a 30-day notice is generally required.
  
• Lease Provision: Detail the process for non-payment and other breaches of the lease, including the exact notice periods and steps the landlord will take before initiating eviction.
  

5. Right to Repair and Habitability

• Maine Law: Landlords are required to maintain properties in a habitable condition. Tenants may request repairs, and if ignored, they can pursue remedies like repair-and-deduct from rent.
  
• Lease Provision: Clarify the landlord’s responsibility for maintaining the property, how tenants should request repairs, and what actions tenants can take if repairs are not made in a timely manner.
  

6. Late Fees

• Maine Law: While there is no statutory cap on late fees, they must be reasonable and clearly outlined in the lease.
  
• Lease Provision: Define the amount of any late fees, the grace period before they are applied (typically 5 days), and how late fees will be enforced.
  

7. Tenant's Right to Terminate Lease for Domestic Violence

• Maine Law: Tenants who are victims of domestic violence can terminate their lease early with proper documentation, such as a police report or restraining order, and typically must provide 30 days' notice.
  
• Lease Provision: Include a clause allowing for early lease termination in cases of domestic violence, specifying the type of documentation required and the process for giving notice.
  

8. Disclosure of Lead-Based Paint Hazards

• Federal Law: For properties built before 1978, landlords must provide tenants with a lead-based paint disclosure and an EPA-approved pamphlet.
  
• Lease Provision: Attach the required lead disclosure form to the lease and include a section acknowledging the tenant's receipt of the information.
  

9. Landlord Access to Property

• Maine Law: Although there is no specific statutory requirement, it’s customary for landlords to provide 24 hours’ notice before entering the property for non-emergency reasons.
  
• Lease Provision: State that 24 hours’ notice will be given before non-emergency access, and specify circumstances that might justify immediate access, such as emergencies.
  

10. Rental Agreements and Lease Terms

• Maine Law: Written rental agreements are required for leases over one year. While not mandatory for mid-term leases, having a written agreement is highly advisable.
  
• Lease Provision: Always provide a detailed written lease agreement, regardless of the term, to ensure clarity on terms, conditions, and tenant responsibilities.
  

11. Use of Security Deposits

• Maine Law: Security deposits must be held in a separate account, and landlords must provide a written statement of any deductions.
  
• Lease Provision: Include a section detailing how the security deposit will be held and the process for handling deductions.
  

12. Foreclosure and Tenant Rights

• Maine Law: If the property is foreclosed, tenants must be given 90 days’ notice before being required to vacate.
  
• Lease Provision: Ensure the lease includes a clause protecting tenant rights in the event of foreclosure, including the 90-day notice requirement.
  

13. Lead-Based Paint Disclosure

• Federal Law: Landlords must disclose any known lead-based paint hazards if the property was built before 1978.
  
• Lease Provision: Provide the necessary lead-based paint disclosure and ensure the tenant signs to acknowledge receiving the information.
  

14. Tenant Protection for Domestic Violence

• Maine Law: Tenants who are victims of domestic violence can terminate their lease early by providing proper documentation and 30 days’ notice.
  
• Lease Provision: Include provisions for early lease termination in cases of domestic violence and outline the documentation required.
  

By addressing these key regulations in your lease agreement, you’ll ensure compliance with Maine law and set clear expectations for both you and your tenants.