Maine: Late Rent Fee Limits
The short answer
Maine permits a residential late-rent penalty only after the payment remains unpaid for 15 days. The penalty may not exceed 4% of the amount due for one month, and the landlord must have given written notice when the parties entered the rental agreement that a penalty of up to 4% of one month's rent could be charged. The statute states no separate daily, recurring, compounding, or partial-payment formula.
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This is the general rule in Maine. Ezel applies current Maine law to your specific facts and answers with citations to the statutes.
| Governing law | 14 M.R.S. § 6028 — residential late-rent penalty, 15-day threshold, 4% cap, and written notice |
|---|---|
| Maximum late fee | 4% of the amount due for one month (§ 6028(2)) |
| Grace period | 15 days from the time payment is due; rent is late only if not paid within that period (§ 6028(1)) |
| Lease or notice requirement | Written notice at the time the rental agreement is entered that a penalty up to 4% of one month's rent may be charged (§ 6028(3)) |
| One-time or recurring | The penalty may not exceed the 4% maximum; § 6028 states no separate daily, recurring, interest, or compounding mechanism |
| Calculated on | The amount due for one month; the statute does not state a remaining-unpaid-balance formula |
| Related fees & carve-outs | None in § 6028; it addresses only a residential rent late-payment penalty |
| If the fee is unlawful | Section 6028 prohibits assessment before 15 days, above 4%, or without timely written notice, but states no refund, damages multiplier, attorney-fee award, or agency process |
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The 4% cap and 15-day wait
Maine's rule is in 14 M.R.S. § 6028. A residential rent payment is not late
under that section unless it remains unpaid "within 15 days from the time the
payment is due." Only after that period may the landlord assess the statutory
penalty.
The maximum is 4% of the amount due for one month. For $1,500 in monthly rent,
the maximum penalty is $60. The statute uses the amount due for one month; it
does not replace that phrase with a calculation based on the remaining unpaid
balance after a partial payment.
Written notice when the agreement begins
A fee within the cap is still unavailable unless the landlord gave the tenant
written notice when the parties entered the rental agreement. The notice must
state that a penalty up to 4% of one month's rent may be charged for late
payment.
Section 6028 does not say that the notice has to be a clause inside the rental
agreement; it requires written notice at the time the agreement is entered. It
also does not require a new assessment notice each time rent is late.
What trips people up
The eviction clock is different. Section 6002 allows a tenancy-at-will
nonpayment notice when the tenant is seven days or more in arrears. Section
6028, however, says the late-payment penalty cannot attach until the payment
has remained unpaid for 15 days. The seven-day eviction step does not shorten
the separate fee-free period.
The cap is not a daily allowance. Section 6028 sets a maximum penalty of
4% of the amount due for one month. It does not authorize another 4% each day,
interest on the penalty, or compounding.
The base is the statutory phrase, not a guessed formula. For a fully
unpaid month, the calculation is straightforward. For a partial payment, the
section does not expressly state that only the remaining balance is the base.
Common questions
Can a landlord charge the fee on the tenth day? No. A payment is late for
§ 6028 purposes only if it is not made within 15 days from the due time.
What if the lease never mentioned a late fee? The landlord cannot assess
the penalty unless written notice was given when the rental agreement was
entered.
Can the penalty exceed $60 when monthly rent is $1,500? No. Four percent
of $1,500 is $60.
What remedy does § 6028 provide? It prohibits an early, excessive, or
undisclosed penalty but does not state a special refund, damages multiplier,
attorney-fee award, or complaint process.
Statutes and sources
- 14 M.R.S. § 6028 — residential coverage, 15-day threshold, 4% cap, and
written notice.A payment of rent is late if it is not made within 15 days from the time the
payment is due. ... A landlord may not assess a penalty ... which exceeds
4% of the amount due for one month. ... [T]he landlord gave the tenant
written notice at the time they entered into the rental agreement ...
Official source: https://legislature.maine.gov/statutes/14/title14sec6028.html (accessed 2026-07-20)
- 14 M.R.S. § 6002(1)(C) — separate tenancy-at-will nonpayment and cure
timing.
The tenant is 7 days or more in arrears in the payment of rent; ... If a
tenant who is 7 days or more in arrears ... pays the full amount of rent due
before the expiration of the 7-day notice in writing, that notice is void.
Official source: https://legislature.maine.gov/statutes/14/title14sec6002.html (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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