The Maine eviction notice forms are to be used in the event that a landlord in Maine seeks to evict a tenant (called Forcible Entry and Detainer) for failure to pay rent or for some other breach of a lease. The 30-Day Notice to Quit (Month to Month) is used to give notice to the tenant that the landlord does not intend to renew a month-to-month tenancy. Landlord must provide the written notice by handing the notice to the tenant in person. If after three tries, landlord is unable to deliver the notice, he or she may mail the form. The landlord should have evidence of delivery of the notice for the court.If tenant fails to respond within the requisite time frame, the landlord may go to the District Court representing the area in which the property is located and file a Complaint with a Summons. If the landlord prevails, and tenant still fails to vacate, the landlord may obtain a Writ of Possession from the court and procure the assistance of the sheriff to have the tenant removed.
Notices By Type
7-Day Notice to Quit (Non-Payment) – The landlord may use this form of notice to let the tenant know they must pay the full amount of rent within seven days or face eviction proceedings.
7-Day Notice to Quit (Non-Compliance) – The landlord may use this form to let the tenant know they must cease the breach of the lease terms (other than non-payment of rent) within seven days or face eviction proceedings.
30-Day Notice to Quit (Month to Month) – This form is for use when a landlord seeks to end a month-to-month tenancy.
When is Rent Late
In Maine, rent is considered late if it is not paid on the date specified in the lease. A landlord may not start charging a late fee, however, until the rent is fifteen days late. A landlord also must also give seven days notice to tenant before beginning eviction proceedings.
How to Evict (Process)
Step 1 – Before a landlord can go to court to get a tenant evicted, he or she must provide requisite written notice to the tenant that they are in arrears or are otherwise breaching the lease, or that the tenancy will end at the end of 30 days. The landlord must try at least three times to deliver the notice in person. If that fails, the notice may be mailed. THe landlord should keep a copy of the notice and evidence that it was delivered. The notice forms are as follows:
- 7-Day Notice to Quit (Non-Payment)
- 7-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month to Month)
Step 2 – If the tenant does not respond to the notice to quit, the landlord then may commence a forcible entry and detainer action in the Local District Court by filing a Complaint and Summons. Landlord must obtain the summons form from the clerk of the court for $5 In addition, landlord must pay a filing fee of $75.
Step 3 – The landlord must then take a copy of the summons and complaint to the sheriff for service on the tenant. The landlord must provide evidence of service, either from the sheriff, or if the sheriff is unable to serve, then landlord must mail the summons and complaint and file an Affidavit of Service with the court. The tenant will have to receive the summons at least seven days before the date of the hearing.
Step 4 – If the tenant fails to appear at the hearing, the court will issue a default judgment and tenant will have to vacate immediately. If the tenant still fails to vacate, the landlord may obtain a Writ of Possession from the court and have the sheriff remove the tenant.