Maine Forcible Entry and Detainer (FED) Complaint

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER — MAINE

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and the Tenancy
4. Predicate Notice and Service
5. Grounds for Forcible Entry and Detainer
6. Compliance with Anti-Retaliation, Anti-Discrimination, and Habitability Provisions
7. Compliance with Local Ordinances (Portland and Other Municipalities)
8. Compliance with Subsidized Housing Rules (If Applicable)
9. Damages, Rent, and Costs
10. Prayer for Relief
11. Verification
12. Signature and Service Block
13. Exhibit Index
14. Maine Practice Notes
15. Sources and References

1. CAPTION

STATE OF MAINE

DISTRICT COURT

DIVISION OF [________________________________]

Location: [____________________] DISTRICT COURT

Docket No. [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER
(14 M.R.S. §§ 6001 et seq.; M.R. Civ. P. 80D)

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [PLAINTIFF NAME] is the [owner / landlord / authorized agent] of the rental premises located at [PROPERTY ADDRESS], [CITY], Maine [ZIP], in the County of [____________________] (the "Premises"). Plaintiff's mailing address is [____________________].

2.2 Defendant [DEFENDANT NAME] is, and at all times relevant hereto has been, a tenant in possession of the Premises. Upon information and belief, Defendant is an adult resident of [____________________] County, Maine.

2.3 Plaintiff joins as Defendants "all other occupants of the Premises," consistent with 14 M.R.S. § 6001 and to ensure that any judgment for possession reaches all persons in occupancy.

2.4 This Court has subject-matter jurisdiction over this forcible entry and detainer action pursuant to 14 M.R.S. § 6001 and M.R. Civ. P. 80D.

2.5 Venue is proper in this division because the Premises are located within the geographic jurisdiction of this Court. 14 M.R.S. § 6001; M.R. Civ. P. 80D.

3. THE PREMISES AND THE TENANCY

3.1 The Premises consist of a [single-family / multi-family unit / apartment / mobile-home lot / rooming-house unit] located at [PROPERTY ADDRESS], [CITY], Maine [ZIP].

3.2 The tenancy is (check one):

☐ A tenancy at will under 14 M.R.S. § 6002, with rent of $[__________] per [month/week] payable on the [____] day of each [month/week].

☐ A written fixed-term lease dated [__/__/____], with a stated term of [____________________], at rent of $[__________] per [month/week].

☐ A holdover tenancy following expiration of the fixed-term lease on [__/__/____], converted by operation of law to a tenancy at will under 14 M.R.S. § 6002.

☐ Other: [____________________].

3.3 Defendant entered into possession of the Premises on or about [__/__/____].

3.4 Plaintiff's interest in the Premises is documented by [deed / lease / property management agreement] dated [__/__/____], a true and correct copy of which is attached as Exhibit B if required.

4. PREDICATE NOTICE AND SERVICE

4.1 On [__/__/____], Plaintiff caused a written notice (the "Notice") to be served on Defendant terminating the tenancy. The Notice is attached as Exhibit A and incorporated herein by reference. The Notice was a (check one):

☐ 7-Day Notice to Pay Rent or Quit under 14 M.R.S. § 6002(2) (rent arrears of 7 days or more).

☐ 7-Day For-Cause Notice under 14 M.R.S. § 6002(2) for: ☐ substantial damage; ☐ nuisance / law violation; ☐ violence/threats; ☐ tenant-perpetrated DV/sexual assault/stalking; ☐ unauthorized occupancy.

☐ 30-Day No-Cause Notice under 14 M.R.S. § 6002(1).

☐ Portland 30/60/90-Day Notice under Portland Code Ch. 6, Sec. 6-236.

☐ Federally-required notice for subsidized housing: [identify program and rule].

4.2 The Notice complied with all requirements of 14 M.R.S. § 6002, including:

(a) it was in writing;
(b) it stated the [arrears amount / specific factual grounds / no-cause termination] with the specificity required by Maine law;
(c) it provided the statutorily required [reinstatement / cure / vacatur date] language;
(d) it advised Defendant of the right to contest the termination in court; and
(e) it was served by [personal service / substitute service after three good-faith attempts plus mailing] on [__/__/____], as set forth in the Affidavit of Service of Notice attached as Exhibit C.

4.3 The Notice expired on [__/__/____]. As of the date of filing, Defendant has not [paid the arrears / cured the violation / vacated the Premises], as applicable.

5. GROUNDS FOR FORCIBLE ENTRY AND DETAINER

5.1 The tenancy was lawfully terminated by the Notice described in Section 4.

5.2 Despite the lawful termination, Defendant remains in possession of the Premises without the Plaintiff's permission and is unlawfully detaining the Premises within the meaning of 14 M.R.S. § 6001.

5.3 [IF NONPAYMENT:] As of the date of filing, Defendant is in arrears in the payment of rent in the amount of $[__________] for the period [__/__/____] through [__/__/____], itemized as follows:

5.4 [IF FOR-CAUSE:] The specific facts constituting the violation are: [DETAILED NARRATIVE — date, time, location, witnesses, conduct, supporting documents].

5.5 [IF NO-CAUSE:] No specific cause is alleged. The tenancy is terminated as of right under 14 M.R.S. § 6002(1) [and Portland Code Sec. 6-236 if applicable].

6. COMPLIANCE WITH ANTI-RETALIATION, ANTI-DISCRIMINATION, AND HABITABILITY PROVISIONS

6.1 Anti-retaliation (14 M.R.S. § 6001(3)). Plaintiff alleges that this action is not retaliatory. To the extent any rebuttable presumption of retaliation arises under § 6001(3), Plaintiff rebuts the presumption with the following facts: [DESCRIBE THE LEGITIMATE, NON-RETALIATORY BUSINESS REASON — e.g., persistent nonpayment over X months; documented lease violations; sale of the property; owner-occupancy; substantial rehabilitation; etc.].

6.2 Anti-discrimination (5 M.R.S. § 4581 et seq.). Plaintiff has not discriminated against Defendant on the basis of race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin, familial status, age, or receipt of public assistance or housing subsidy. Plaintiff has complied with all applicable provisions of the Maine Human Rights Act and the federal Fair Housing Act (42 U.S.C. § 3601 et seq.).

6.3 Implied warranty of habitability (14 M.R.S. § 6021). The Premises were and remain fit for human habitation, free from any condition endangering or materially impairing the health or safety of Defendant. Plaintiff has responded to all written habitability complaints made by Defendant in a prompt and effective manner.

6.4 No self-help. Plaintiff has not engaged in any self-help conduct prohibited by 14 M.R.S. § 6014, including but not limited to changing locks, removing personal property, shutting off utilities, or otherwise interfering with Defendant's possession of the Premises.

6.5 Domestic-violence-victim protections. This action is not based on, and the predicate Notice was not based on, any incident of domestic violence, sexual assault, or stalking against Defendant or a member of Defendant's household. 14 M.R.S. § 6001; § 6002(5).

7. COMPLIANCE WITH LOCAL ORDINANCES (PORTLAND AND OTHER MUNICIPALITIES)

7.1 [Strike if not applicable.] The Premises are located in the City of Portland, Maine. Plaintiff has complied with Portland Code of Ordinances Chapter 6, Section 6-236, as follows:

7.2 [Strike if not applicable.] The Premises are located in [South Portland / Brunswick / Lewiston / Auburn / other], and Plaintiff has complied with the applicable local rental-housing ordinance.

8. COMPLIANCE WITH SUBSIDIZED HOUSING RULES (IF APPLICABLE)

☐ Not applicable — the tenancy is not subsidized.

☐ The tenancy is subsidized under [Section 8 HCV / Project-Based Section 8 / Public Housing / LIHTC / USDA-RD / MaineHousing program]. Plaintiff has complied with all applicable federal, state, and agency rules, including:

9. DAMAGES, RENT, AND COSTS

9.1 Plaintiff has suffered the following damages:

(a) Unpaid rent through the date of filing: $[__________];
(b) Per-diem holdover damages from [__/__/____] through judgment: $[__________] per day (computed as fair market rent or the contract rent, whichever is greater);
(c) Filing fee: $[__________];
(d) Service of process: $[__________];
(e) [Other lawful damages, e.g., physical damage to the Premises beyond ordinary wear and tear]: $[__________].

9.2 Plaintiff also seeks an award of costs as recoverable under 14 M.R.S. § 6005-A and a writ of possession under 14 M.R.S. § 6005.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Judgment for possession of the Premises in favor of Plaintiff;

B. Issuance of a writ of possession under 14 M.R.S. § 6005 directing the sheriff or other authorized officer to remove Defendant and all other occupants from the Premises;

C. Money judgment for unpaid rent and holdover damages in the amount of $[__________], with interest at the lawful rate from the date of judgment;

D. Costs of suit, including filing fees and service fees, as recoverable under 14 M.R.S. § 6005-A;

E. Such other and further relief as the Court deems just and equitable.

11. VERIFICATION

I, [PLAINTIFF / AUTHORIZED AGENT NAME], being duly sworn, depose and state that:

1. I am the Plaintiff (or the authorized agent of the Plaintiff) in the above-captioned action.
2. I have read the foregoing Complaint and know its contents.
3. The facts stated therein are true of my own personal knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Signed under the pains and penalties of perjury this [____] day of [____________________], 20[____].

[________________________________]
[PLAINTIFF / AUTHORIZED AGENT NAME]

State of Maine
County of [________________________________]

Subscribed and sworn before me this [____] day of [____________________], 20[____].

[________________________________]
Notary Public / Attorney at Law
My commission expires: [__/__/____]

12. SIGNATURE AND SERVICE BLOCK

Dated: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME], Esq.
Maine Bar No. [____________________]
[FIRM NAME]
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Attorney for Plaintiff

OR (pro se landlord):

[________________________________]
[PLAINTIFF NAME], pro se
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]

13. EXHIBIT INDEX

• Exhibit A: Predicate Notice to [Pay or Quit / Cure or Quit / Terminate] dated [__/__/____]
• Exhibit B: [Lease / Deed / Property management agreement evidencing Plaintiff's right to possession]
• Exhibit C: Affidavit of Service of Predicate Notice
• Exhibit D: Rent ledger / payment history (if nonpayment)
• Exhibit E: [Photographs / repair estimates / police reports / code citations] supporting for-cause grounds (if applicable)
• Exhibit F: Portland relocation-assistance tender (if applicable)
• Exhibit G: Subsidized-housing pre-termination notice and agency communications (if applicable)

14. MAINE PRACTICE NOTES

1. Use the official forms. File Maine Judicial Branch Form CV-007 (Complaint for FED), CV-034 (Summons — one per adult defendant, $5 each), and provide CV-256 (Information Sheet) to the tenant. File CV-204 (Affidavit of Service) before the hearing.
2. Hearing date. The hearing must be at least 14 days after the date of service. M.R. Civ. P. 80D. Coordinate with the clerk.
3. Service. Sheriff or licensed process server. Substitute service requires three good-faith attempts plus mailing.
4. No counterclaims at FED? Maine permits limited counterclaims at FED — in particular, the warranty-of-habitability counterclaim under § 6021 is allowed and can defeat or reduce the possessory claim. Other counterclaims may be brought in a separate civil action.
5. Rent escrow on appeal. A defendant who appeals must deposit the unpaid current month's rent or arrearage (whichever is less) and pay rent into escrow during the appeal as a condition of stay. § 6008.
6. Writ of possession. A writ may not issue while a retaliation presumption is unrebutted (§ 6001(3)) and may not issue against a federally-protected DV victim. Confirm both at hearing.
7. Cure and reinstatement. In nonpayment cases, payment of arrears, accrued rent, and filing/service fees BEFORE judgment reinstates the tenancy. § 6002(2). Confer with opposing counsel or the tenant about cure offers before hearing.
8. Attorney fees. Maine generally follows the American Rule. Attorney fees are recoverable only where the lease so provides or a statute (e.g., § 6014, § 6034) authorizes. Plead the basis specifically.
9. Mobile-home lot tenancies. Mobile-home park tenancies are governed by Chapter 953-A (10 M.R.S. § 9091 et seq.) in addition to Chapter 709 — different notice and procedural rules apply.
10. Appeal. Either party may appeal to Superior Court for trial de novo, with jury option, within 30 days of judgment OR until the writ of possession issues, whichever comes first. § 6008.

15. SOURCES AND REFERENCES

• 14 M.R.S. § 6001 — Availability of remedy: https://legislature.maine.gov/legis/statutes/14/title14sec6001.html
• 14 M.R.S. § 6002 — Tenancy at will; termination notices: https://legislature.maine.gov/statutes/14/title14sec6002.html
• 14 M.R.S. § 6003 — Verification: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6004 — Hearing; service: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6005 — Writ of possession: https://legislature.maine.gov/statutes/14/title14ch709.pdf
• 14 M.R.S. § 6005-A — Costs: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6008 — Appeal: https://legislature.maine.gov/statutes/14/title14sec6008.html
• 14 M.R.S. § 6014 — Remedies for illegal evictions: https://www.mainelegislature.org/legis/statutes/14/title14sec6014.html
• 14 M.R.S. § 6017 — Utility shutoff: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6021 — Implied warranty of habitability: https://www.mainelegislature.org/legis/statutes/14/title14sec6021.html
• 14 M.R.S. § 6033 — Return of security deposit: https://www.mainelegislature.org/legis/statutes/14/title14sec6033.pdf
• 14 M.R.S. § 6034 — Wrongful retention; damages: https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html
• 5 M.R.S. § 4581 et seq. — Maine Human Rights Act: https://www.mainelegislature.org/legis/statutes/5/title5sec4581.html
• 5 M.R.S. § 4581-A — Unlawful housing discrimination: https://legislature.maine.gov/legis/statutes/5/title5sec4581-A.html
• 10 M.R.S. § 9091 et seq. — Mobile home park tenancies
• M.R. Civ. P. 80D — Forcible entry and detainer: https://www.courts.maine.gov/rules/rules-civil.html
• Maine Judicial Branch — Eviction (FED) Help: https://www.courts.maine.gov/help/eviction/index.html
• Maine Judicial Branch — Forms (CV-007, CV-034, CV-204, CV-256): https://www.courts.maine.gov/forms/index.html
• Pine Tree Legal Assistance — Rights of Maine Renters: https://ptla.org/rights-maine-renters-eviction
• Portland Code Ch. 6, Sec. 6-236: https://portlandmaine.gov/1148/Rent-Control-Rental-Housing-Rights
• Maine AG — Consumer Rights When You Rent: https://www.maine.gov/ag/dynld/documents/clg14.pdf