Maine Housing Laws

Housing Laws

Basic information

Who is protected under this housing law?

The housing law described in this section provides tenant protections for victims of domestic violence, sexual assault, or stalking and their household members.¹

If you are not a victim of domestic violence, sexual assault, or stalking, but have questions about your housing rights, here are some links that may be useful:

for information on an anti-discrimination law called the Fair Housing Act, click here; and
for basic tenants’ rights with contact info for legal assistance, click here.

¹ ME ST T. 14 § 6001(6)(A)

How does this housing law protect me?

The law offers various protections. First, if you are the victim of domestic violence, sexual assault, or stalking, you cannot be evicted from your rental unit for incidents related to this type of violence, regardless of whether or not the abuser is also a tenant or occupant of the rental unit. You cannot be evicted even if the abusive incidents:

would be considered a disruption to your neighbors, known as a nuisance;
would be considered a lease violation; or
caused damage to the rental property.¹

However, the landlord can still evict you for a valid, legal reason that is not related to the incidents of domestic violence, sexual assault, or stalking.²

Second, if you are a victim of domestic violence and the abuser is also a tenant, the landlord can keep your security deposit to cover any damage to your rental property that is the result of an incident of domestic violence, sexual assault, or stalking but cannot sue you for any additional charges. However, within 30 days of the when the damage occurs, you must give the landlord written notice of the damage along with one of the required documents that proves that you are a victim, explained in What documents or proof do I need to give my landlord to get out of my lease if I am a victim?³

Third, you may be able to end your lease early due to an incident or threat of domestic violence, sexual assault, or stalking, or if your landlord sexually harasses you. To do so, you must provide your landlord with:

one of the required documents that proves that you are a victim, explained here; and
one of the following:

seven days’ written notice if your lease is less than one year; or
thirty days’ written notice if your lease is one year or more.⁴

¹ ME ST T. 14 § 6001(6)(A)
² ME ST T. 14 § 6001(6)(E)
³ ME ST T. 14 § 6001(6)(B)
⁴ ME ST T. 14 § 6001(6)(D)

If the abuser and I live together, can the landlord evict the abuser?

If you and the abuser are both tenants on the lease or if the abuser is the only named tenant but you live there too, a landlord can divide (bifurcate) the lease in order to evict the abuser.¹ The landlord would issue a seven-day notice of termination to terminate the tenancy of the abuser, thereby beginning the eviction process.² Note: Through the process of dividing the lease, the landlord cannot interfere with any rights you have to the property through a valid court order. Also, dividing the lease does not necessarily mean that dividing the lease would create tenancy rights for you or the abuser that didn’t otherwise exist.¹

¹ ME ST T. 14 § 6001(6)(C)
² ME ST T. 14 § 6002(1)(D)

Breaking a lease/moving out

What documents do I need to give my landlord to get out of my lease if I am a victim?

If you are the victim of domestic violence, sexual assault, or stalking and wish to end your lease, you must provide specific notice and documents to your landlord. You must provide:

written notice that you are terminating your lease. If your lease is for a period of time of less than one year, you must provide at least seven days’ notice of your move out date. If your lease is for a period of one year or more, you must provide your landlord with at least thirty days’ notice of your move out date;
any of the following forms of documentation:

a statement signed by a Maine-based sexual assault counselor or victim witness advocate;
a statement signed by a health care provider, mental health care provider, or law enforcement officer that includes their license number, if applicable;
a copy of a protection from abuse complaint, temporary order, or final order of protection;
a copy of a protection from harassment complaint, temporary order or final order of protection from harassment;
a copy of a police report taken in response to an incident of domestic violence, sexual assault, or stalking; or
a copy of a criminal complaint, indictment, or conviction for a domestic violence, sexual assault, or stalking charge.¹

¹ ME ST T. 14 § 6001(D), (H)

Once I notify my landlord that I want to end my lease, do I still have to pay rent?

If you end your lease because of domestic violence, sexual assault, or stalking, you are not liable for any rent after the later of these two events:

the date on which the seven-day or 30-day notice expires if you move out before the date given in the notice; or
the date that you actually leave the rental unit if you move out after the date given in the notice.¹

However, if you have already prepaid your rent, the landlord does not have to return that money to you.¹

¹ ME ST T. 14 § 6002(4)

What will happen to my security deposit if I terminate my lease early?

If your rental unit is damaged for any reason, including due incidents of domestic violence, stalking, or sexual assault, the landlord can keep your security deposit to cover the damages. The landlord cannot keep your security deposit as a penalty for breaking the lease.

However, if the rental unit was damaged as the result of an incident of domestic violence, sexual assault, or stalking, and you provide written notice of the damage and the proper documents proving that you are a victim within 30 days of the incident, you cannot be charged any additional money for the damage.¹ See What documents or proof do I need to give my landlord to get out of my lease if I am a victim? to read more about acceptable forms of documentation.

¹ ME ST T. 14 § 6001(6)(B)

Legal Information: Maine