Maine Eviction Notice Forms – PDF
Sponsored Links
Property owners and tenants must ensure they understand how to proceed properly during an eviction by issuing the forms according to Maine law. Maine’s eviction process varies from many other states in several ways. Here is an overview.
Sponsored Links
How to Evict a Tenant in Maine
As in other states, property owners in Maine must notify tenants before commencing an eviction. In Maine, this is called a Notice of Termination of Tenancy. For most evictions, landlords must give 30-day notices. If the tenant has failed to pay rent or seriously violated the lease, the owner may use a seven-day notice. For example, if the tenant causes significant damage to the property, owners may use the seven-day notice.
Notices must be in writing, state the reason for the eviction, that the tenant may contest the eviction in court, and that the tenant may avoid eviction by paying all rent and court fees related to the eviction proceedings. If there is no written lease agreement, owners need not state a reason for the eviction in the notice, but must still provide a notice.
- 2. Forcible Entry and Detainer
Should the tenant fail to vacate the property or comply with the notice within the allotted time, the property owner may then file a Forcible Entry and Detainer action with the local court. This complaint must contain the reason for the eviction, the property address, the names of the tenants, and a Summons
- Summons must be obtained from the Clerk of the District Court – See List
A process server or the sheriff must serve the Complaint and Summons to the tenant at least seven (7) days before the hearing date. The landlord may not serve these documents.
The tenant is not required to answer the complaint in writing, but may do so. Tenants may also file a Motion to Dismiss if they believe they were served improperly. One common defense for nonpayment of rent is that the tenant paid partial rent after receiving the notice. Owners, however, can preclude this defense by stating in the notice that partial payment will not suffice to remedy the nonpayment.
As in other trials, the landlord must prove his or her case. This will require you to bring any evidence supporting the eviction, such as payment records, the lease, photos, and witnesses. If the landlord fails to prove the case or did not follow the eviction procedure properly, the judge will dismiss the case or rule against the landlord.
If the judge rules for the landlord, the tenant will have seven days to leave the property. If the tenant still remains after seven days, the landlord can obtain a Writ of Possession by filing the request, which the sheriff will serve. After service, the tenants have 48 hours to vacate or else they will be considered trespassers and their personal property will be considered abandoned.
Tenants do have the right to appeal, but this must be filed before the Writ of Possession is issued.
Sources
Sponsored Links