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Me. Judicial Branch, Evicting a Tenant from a Residence for Not Paying Rent

Citation
Me. Judicial Branch, Evicting a Tenant from a Residence for Not Paying Rent
Jurisdiction
Maine (state)
Source
Official source

Full Text

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In Maine eviction is called "Forcible Entry & Detainer" or "FED" and not paying rent is "nonpayment." There may be other grounds to evict a tenant; this flyer only deals with nonpayment of rent for residential tenants. If there is a lease in effect you will need to follow the terms of the lease as well as complete the following steps.

If you are a landlord (plaintiff), take these steps to get a judgment to evict a tenant for not paying rent.

Step 1. Notice to Quit and Information Sheet

The "Notice to Quit" tells the tenant that rent is past due and they need to pay by a stated deadline or face eviction. If you have a lease, you need to prepare and serve the Notice as required by the lease.

7-Day Notice to Quit (14 M.R.S. Section 6002(1)):

Unless the lease states otherwise, if a tenant is at least 7 days late paying rent, a 7-day Notice to quit gives them 7 days to pay, warning that if they don’t pay what they owe, you will take them to court to evict. Maine law provides, however, that if the tenant does pay the amount due within 7 days, the Notice to Quit is void (no longer in effect).

Contents of the 7-day Notice To Quit: Include the following in the Notice:

That rent is 7 days or more past due

The amount of rent that’s 7 days or more past due

That the tenant has the right to contest the eviction in court

The statement: "If you pay the amount of rent due as of the date of this notice before this notice expires, then this notice as it applies to rent arrearage is void. After this notice expires, if you pay all rental arrears, all rent due as of the date of payment and any filing fees and service of process fees actually paid by the landlord before the writ of possession issues at the completion of the eviction process, then your tenancy will be reinstated."