Maine Forcible Entry and Detainer (FED) Complaint - Preparation Worksheet

MAINE RESIDENTIAL FED COMPLAINT — DRAFTING AND FILING PACKET

1. CAPTION

STATE OF MAINE

DISTRICT COURT

Location (Town): [________________________________]

Docket No.: [________________________________]

COMPLAINT FOR RESIDENTIAL FORCIBLE ENTRY AND DETAINER
(M.R. Civ. P. 80D)

2. OWNER, TENANTS, AND PREMISES

1. Plaintiff [PLAINTIFF NAME] owns the residential premises located at:

[STREET ADDRESS / UNIT]
[CITY], Maine [ZIP]

2. The named Defendant or Defendants are residential tenants or occupants of the premises.

3. The tenancy began on [__/__/____].

4. The tenancy is:

☐ Tenancy at will, with rent of $[__________] due [weekly / monthly] on [____________________].

☐ Written lease dated [__/__/____], ending [__/__/____].

☐ Occupancy after expiration or forfeiture of a written lease, with the present legal status described as follows: [____________________].

☐ Other: [____________________].

5. Attach the written lease or rental agreement, if any, as required by Rule 80D(d).

3. BASIS FOR POSSESSION

Plaintiff checks every basis asserted and states the supporting facts.

3.1 Rent Arrearage

☐ Defendant is seven days or more in arrears in rent and was served with a compliant seven-day notice under § 6002.

Rent seven days or more in arrears as of the notice date: $[__________].

Current claimed rent status: [____________________].

Plaintiff acknowledges:

• Payment of the rent due as of the notice date before expiration voids the notice as to rent arrearage.
• In a residential tenancy at will, payment before issuance of the writ of all rental arrears, all rent due as of payment, and filing and service-of-process fees actually paid by Plaintiff reinstates the tenancy.
• Under § 6002(3), a tenant may raise a qualifying habitability defense in an action brought for rent arrearage.

3.2 Lease Breach or Other Seven-Day Ground

☐ Substantial damage described in § 6002(1)(A) that was not repaired before notice.

☐ Nuisance, unfitness caused or permitted by the tenant or invitee, or a law violation regarding the tenancy under § 6002(1)(B).

☐ A tenant-perpetrator circumstance under § 6002(1)(D).

☐ Violence, threat of violence, or sexual assault under § 6002(1)(E), subject to the statutory victim exception.

☐ Unauthorized occupancy under § 6002(1)(F).

☐ Material breach of a written residential lease that has no termination provision or no written-notice provision, using the route stated in § 6001(1-B)(A).

Specific facts, including dates, persons, conduct, and documents: [____________________].

3.3 Thirty-Day Tenancy-at-Will Termination

☐ Plaintiff terminated a tenancy at will by at least 30 days' written notice under § 6002.

Termination date: [__/__/____].

Date through which rent had been paid when notice was given: [__/__/____].

Plaintiff alleges the notice expired on or after the paid-through date.

3.4 Expiration or Forfeiture of Written Term

☐ The written term expired or was forfeited on [__/__/____], and this action was commenced within seven days after that event as stated in § 6001(1).

Lease provision and facts: [____________________].

3.5 Other Lawful Basis

☐ Other basis: [EXACT STATUTE, LEASE PROVISION, OR RULE AND FACTS].

4. TERMINATION NOTICE

☐ Defendant was served with a notice to quit or terminate on [__/__/____].

☐ No termination notice was served because Plaintiff relies on this lawful no-notice basis: [____________________].

If a notice was served:

1. Type of notice:

☐ Seven-day rent-arrearage notice.

☐ Seven-day notice based on a § 6002(1) ground.

☐ Thirty-day tenancy-at-will notice.

☐ Notice required by the written lease.

☐ Notice required by another identified law or housing program: [____________________].

2. Required content:

☐ The notice was in writing.

☐ It stated the specific ground claimed when § 6002(2) applies.

☐ A rent notice stated the amount seven days or more in arrears as of the notice date and reproduced the full statement required by § 6002(2)(A)(2).

☐ It advised the tenant of the right to contest termination in court.

☐ It included every additional term required by the lease or other applicable law identified here: [____________________].

Plaintiff acknowledges that § 6002(2)(B) protects only an unintentional clerical error that does not significantly or materially alter the purpose or understanding of the notice. Plaintiff also acknowledges that omission of the statutory right-to-contest language alone is not grounds to dismiss, though the statute specifies a default-related remedy and preserves other lease, statutory, regulatory, and rule defenses.

3. Service of notice:

☐ In-hand service on [__/__/____].

☐ After at least three good-faith attempts at in-hand service, both first-class mailing to the tenant's last known address and leaving copies at the tenant's last and usual place of abode on [__/__/____].

Attempt details and proof: [____________________].

4. Form CV-256:

☐ Current Form CV-256 was served with the residential termination notice as required by § 6001(7) and Rule 80D(c).

Attach the notice and all attachments to Form CV-007.

5. COMMENCEMENT AND SERVICE OF FED

1. Hearing or return day obtained from the clerk: [__/__/____] at [____] [AM/PM].

2. Summons:

☐ A separate original Form CV-034 was obtained from the clerk for each named tenant.

☐ Each summons identifies the premises and hearing information.

3. Documents served on each named Defendant:

☐ Summons.

☐ Form CV-007 complaint.

☐ Current Form CV-256 information sheet and mediation request.

☐ Other required material: [____________________].

4. Timing and method:

☐ Service occurred on [__/__/____], no fewer than 14 days before the return day.

☐ Ordinary civil service was completed.

☐ After at least three good-faith efforts on three different days, the § 6004(1) fallback was completed by both first-class mailing and leaving the summons and complaint at the last and usual abode, and the required affidavit will be filed.

5. Filing packet:

☐ Signed original Form CV-007.

☐ Original summons for each named Defendant.

☐ Return or affidavit of service.

☐ Termination notice and attachments, if any.

☐ Written lease or rental agreement, if any.

☐ Filing fee.

Rule 80D(d) requires the complaint to be filed no later than three days before the hearing. The current Judicial Branch instruction packet directs filing at least three business days before the hearing. Follow the current clerk instruction and use the earlier deadline.

6. ADDITIONAL FACTS SUPPORTING POSSESSION

Plaintiff states the following additional facts in support of possession:

[____________________]

[____________________]

[____________________]

Exhibits or witnesses supporting those facts: [____________________].

7. DEFENSE SCREEN BEFORE FILING

Complete this section for attorney review. Do not file a certification that is unsupported.

7.1 Retaliation

Within six months before commencement, did Defendant engage in an activity listed in § 6001(3)?

☐ No.

☐ Yes — activity, date, and evidence: [____________________].

If yes, analyze the rebuttable presumption and Plaintiff's evidence. Section 6001(3) generally removes the presumption when the action is brought for a § 6002(1) ground or a lease violation, unless Defendant asserted a § 6026 right. Tenant-organization retaliation is separately addressed by § 6001(4).

Plaintiff's nonretaliatory facts: [____________________].

7.2 Reasonable Accommodation

☐ No accommodation request relevant to the alleged conduct was made.

☐ Defendant requested this accommodation: [____________________].

Section 6001(5) directs denial of the FED when the landlord had a duty to offer a reasonable accommodation, failed to do so, and there is a causal link between the request and the conduct underlying the action.

Accommodation response and analysis: [____________________].

7.3 Victim Protection

☐ The asserted ground does not arise from an incident or threat of domestic violence, sexual assault, or stalking against a protected victim or from protected reporting.

☐ A possible § 6001(6) issue exists and requires attorney review: [____________________].

7.4 Habitability

☐ This is not a rent-arrearage case.

☐ This is a rent-arrearage case, and a potential § 6002(3) habitability defense exists: [____________________].

☐ A leaking event or chronic moisture or humidity outside Defendant's control resulted in mold, bacteria, or other biological-organism growth potentially governed by current § 6021(6-B), enacted by Public Law 2025, chapter 515: [____________________].

Repair notices, inspections, and response facts: [____________________].

7.5 Fair Housing and Public Assistance

Plaintiff reviewed whether the action is because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status, or qualifying protection-order history under §§ 4581 and 4581-A.

Plaintiff also reviewed whether it is acting primarily because Defendant receives federal, state, or local public assistance, including a housing subsidy, under § 4581-A(4).

Facts supporting a lawful basis: [____________________].

7.6 Other Lease, Program, Federal, or Local Requirement

Additional termination, notice, good-cause, grievance, agency-notice, or local requirement:

Exact source: [____________________].

Compliance facts and documents: [____________________].

8. REQUEST FOR RELIEF

Plaintiff requests:

A. Judgment for possession of the premises;

B. Costs recoverable in this FED action; and

C. A writ of possession under § 6005 directing the sheriff to cause Plaintiff to have possession of the premises.

Plaintiff does not join a rent, property-damage, holdover, or other monetary action. M.R. Civ. P. 80D(h) bars joinder of another action with the FED case.

9. SIGNATURE

Dated: [__/__/____]

[________________________________]
[PLAINTIFF NAME], Plaintiff

Mailing address: [________________________________]
Telephone (cell): [(___) ___-____]
Email: [____________________]

OR:

[________________________________]
[ATTORNEY NAME], Esq.
Maine Bar No. [____________________]
[FIRM NAME]
Mailing address: [________________________________]
Telephone (office): [(___) ___-____]
Email: [____________________]

Attorney for Plaintiff

10. EXHIBIT AND HEARING CHECKLIST

☐ Form CV-007 is completed, dated, and signed.

☐ Every tenant on the lease is named as a Defendant.

☐ "And All Other Occupants" is checked if applicable.

☐ The notice to quit or terminate and all attachments are included.

☐ The written lease or rental agreement is included.

☐ Current Form CV-256 was served with the termination notice and again with the summons and complaint.

☐ One original Form CV-034 was obtained and served for each named tenant.

☐ Service occurred at least 14 days before the hearing.

☐ The filing packet will reach the clerk by the earlier applicable deadline.

☐ Witnesses, payment records, notices, service proof, photographs, communications, and other exhibits are organized for the return-day hearing.

☐ Any mediation request is prepared.

☐ No monetary claim has been joined with the FED.

11. APPEAL AND WRIT CAUTION

Section 6005 generally directs issuance of the writ seven calendar days after judgment. Section 6008 states that the appeal deadline expires when the writ issues or 30 days after judgment, whichever occurs first.

A party seeking a jury trial de novo must comply with Rule 80D(g)(2), including placing the written jury demand in the notice of appeal and filing supporting Rule 56(e) affidavits. A defendant seeking a stay must comply with the rent-payment affidavit and stay conditions in § 6008 and Rule 80D(k).

12. OFFICIAL SOURCES

• 14 M.R.S. § 6001: https://legislature.maine.gov/statutes/14/title14sec6001.html
• 14 M.R.S. § 6002: https://legislature.maine.gov/statutes/14/title14sec6002.html
• 14 M.R.S. § 6003: https://legislature.maine.gov/statutes/14/title14sec6003.html
• 14 M.R.S. § 6004: https://legislature.maine.gov/statutes/14/title14sec6004.html
• 14 M.R.S. § 6005: https://legislature.maine.gov/statutes/14/title14sec6005.html
• 14 M.R.S. § 6008: https://legislature.maine.gov/statutes/14/title14sec6008.html
• 14 M.R.S. § 6014: https://legislature.maine.gov/statutes/14/title14sec6014.html
• 14 M.R.S. § 6021: https://legislature.maine.gov/statutes/14/title14sec6021.html
• Public Law 2025, chapter 515, current § 6021(6-B): https://legislature.maine.gov/bills/getPDF.asp?paper=HP1288&item=5&snum=132
• 5 M.R.S. § 4581: https://legislature.maine.gov/statutes/5/title5sec4581.html
• 5 M.R.S. § 4581-A: https://legislature.maine.gov/statutes/5/title5sec4581-A.html
• Maine Rules of Civil Procedure, effective June 1, 2026: https://www.courts.maine.gov/rules/text/mr_civ_p_only_2026-06-01.pdf
• Maine Judicial Branch eviction page, Form CV-256, and Form OTH-045 packet (CV-100/CV-007): https://www.courts.maine.gov/help/eviction/index.html