Our Maine rental agreement forms have to do with both leasing commercial and residential property. The process of leasing commercial and residential property vastly differ due to the laws and complexity around both. One does not need a real estate license to lease commercial or residential property however if a sale takes place the individual brokering the deal must have a valid license.
Form Description Types
In Maine, a written agreement between two parties involving the temporary transfer of property is called a lease. Every lease is different, therefore before signing a lease, the tenant should be aware of the terms and language within the agreement. The basics of a lease will contain the landlord and tenant’s name, address of the property, length of the agreement, rent and security deposit amount.
Maine Rental Laws
A landlord may charge a tenant up to two months worth of rent but no more. The landlord must keep the funds in an account separate from their own. The landlord is not obligated to put it in an interest barring account. At the request of the tenant, the landlord shall give details as to where the account is being held and the account number. The landlord, by law, is required to return the security deposit twenty one (21) days after the tenant moves out.
A landlord in the state of Maine may charge a 4% fee of one months rent if rent is not payed within 15 days after it’s due (a late fee clause must be stated in the lease agreement for the landlord to charge a late fee).
A landlord can only increase the rent on a residential property if it’s a month to month lease (tenancy at will). The landlord must give 45 days written notice of any rent increases. With a normal fixed lease, your landlord can not increase rent unless otherwise stated in the agreement. If you live in subsidized housing, your rent may increase or decrease depending on your income.
A landlord has the legal obligation to give a tenant a receipt after they have payed rent in cash, check, or money order and it must include the following: the date, the amount paid, tenant’s name, amount payed, and the landlord’s signature.
a landlord can not evict a tenant unless a court order is obtained, therefore the landlord may never change the locks, cut off power, or kick out a tenant in any other way, otherwise it’s illegal. If you believe your landlord is guilty of trying to force you out of your property, you may bring them to court and recover your damages or $250 dollars, whichever is greater.
A landlord may not refuse to rent to you for any of the following reasons:
- Ancestry or national origin, color, (being a single parent, pregnant, or having children), religion, sex, sexual orientation, physical or mental impairment.
Landlord Entering Your Home
A landlord may at times need to make non-emergency repairs or inspect the property however they are not allowed to enter your dwelling unless they give “reasonable notice”, which is typically 24 hours.