Eviction Notice & Unlawful Detainer Complaint

MAINE EVICTION NOTICE AND FORCIBLE ENTRY & DETAINER (F.E.D.) COMPLAINT PACKAGE

TABLE OF CONTENTS

1. Package Overview
2. Part A — Notice to Quit / Notice of Termination (14 M.R.S. § 6002)
3. Part B — Certificate / Affidavit of Service of Notice
4. Part C — F.E.D. Complaint for Possession (14 M.R.S. §§ 6001–6008)
5. Part D — Verification
6. Part E — Servicemember (Military) Affidavit
7. Maine Practice Notes
8. Sources and References

1. PACKAGE OVERVIEW

This package contains (a) the pre-suit Notice to Quit / Notice of Termination required by 14 M.R.S. § 6002 (and, for leases lacking termination language, § 6001(1-B)) and (b) the Forcible Entry & Detainer (F.E.D.) Complaint for Possession filed in the Maine District Court for the division where the property sits (14 M.R.S. §§ 6004, 6005). The landlord must serve the statutorily prescribed notice, allow the notice period to expire, and then file the F.E.D. complaint. Self-help eviction is prohibited (14 M.R.S. § 6014); only a court judgment and a sheriff/constable-executed writ of possession may remove a tenant.

Notice periods at a glance (14 M.R.S. § 6002):

Combined notice. A 30-day notice and a 7-day notice may be combined in one notice to the tenant (§ 6002(1)).
Required "right to contest" language. Every notice to terminate under § 6002 must advise the tenant of the right to contest the termination in court. Omitting it is not, by itself, grounds to dismiss the F.E.D., but if the tenant defaults by not appearing, the omission is sufficient grounds to set aside the default.

2. PART A — NOTICE TO QUIT / NOTICE OF TERMINATION (14 M.R.S. § 6002)

[CHECK ONE — select the statutorily prescribed ground and notice period]

• ☐ 30-DAY NO-CAUSE NOTICE TO QUIT (14 M.R.S. § 6002(1)) — tenancy at will, no cause required
• ☐ 7-DAY NOTICE — NONPAYMENT OF RENT (14 M.R.S. § 6002(2)(C)) — tenant 7+ days in arrears
• ☐ 7-DAY NOTICE — SUBSTANTIAL DAMAGE (14 M.R.S. § 6002(2)(A))
• ☐ 7-DAY NOTICE — NUISANCE / UNFIT / VIOLATION OF LAW (14 M.R.S. § 6002(2)(B))
• ☐ 7-DAY NOTICE — VIOLENCE / SEXUAL ASSAULT (14 M.R.S. § 6002(2)(E))
• ☐ 7-DAY NOTICE — UNAUTHORIZED OCCUPANT (14 M.R.S. § 6002(2)(F))

NOTICE TO [TENANT(S) FULL LEGAL NAME(S)] AND ALL OCCUPANTS

Premises Address: [________________________________], [CITY/TOWN], [COUNTY] County, Maine [ZIP] (the "Premises")

Date of Notice: [__/__/____]

Landlord / Owner / Agent: [________________________________]

Address for Payment / Notices: [________________________________]

Phone / Email: [________________________________]

REQUIRED "RIGHT TO CONTEST" LANGUAGE (ALL NOTICES — § 6002)

You have the right to contest the termination of your tenancy in court.

IF 7-DAY NOTICE — NONPAYMENT OF RENT (14 M.R.S. § 6002(2)(C))

You are hereby notified that your tenancy is terminated because you are seven (7) days or more in arrears in the payment of rent. As of the date of this notice, the amount of rent in arrears is $[____]. You must vacate and deliver up possession of the Premises within SEVEN (7) DAYS after this notice is served, on or before [__/__/____].

REINSTATEMENT (PAY-TO-STAY): "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."

IF 7-DAY FOR-CAUSE NOTICE (DAMAGE / NUISANCE / VIOLENCE / UNAUTHORIZED OCCUPANT) (14 M.R.S. § 6002(2))

You are hereby notified that your tenancy is terminated upon SEVEN (7) DAYS' written notice because [STATE THE SPECIFIC GROUND with affirmative proof — e.g., substantial damage you have not repaired (§ (2)(A)); a nuisance or conduct making the unit unfit or a violation of law regarding the tenancy (§ (2)(B)); violence, threat of violence, or sexual assault (§ (2)(E)); or an unauthorized occupant (§ (2)(F))]. You must vacate and deliver up possession of the Premises on or before [__/__/____], which is at least seven (7) days after this notice is served.

IF 30-DAY NO-CAUSE NOTICE TO QUIT (14 M.R.S. § 6002(1))

You are hereby notified that your tenancy at will at the Premises is terminated. You must vacate and deliver up possession on or before [__/__/____], which is at least thirty (30) days after this notice is given.

SIGNATURE BLOCK — NOTICE

Dated: [__/__/____]

____________________________________

[LANDLORD / AGENT NAME], [TITLE]

3. PART B — CERTIFICATE / AFFIDAVIT OF SERVICE OF NOTICE

I, [SERVER NAME], certify (or being duly sworn, state) that on [__/__/____] I served the foregoing Notice on [TENANT NAME] in the manner indicated below:

• ☐ In-hand personal service to the tenant (the default method under § 6002(1)).
• ☐ After at least 3 good-faith efforts to serve in hand, by BOTH mailing a copy by first-class mail to the tenant's last known address AND leaving a copy at the tenant's last and usual place of abode.

____________________________________

[SERVER NAME]

Address: [________________________________]

4. PART C — F.E.D. COMPLAINT FOR POSSESSION (14 M.R.S. §§ 6001–6008)

STATE OF MAINE — DISTRICT COURT

LOCATION: [________________] — [COUNTY] COUNTY

Docket No.: [________________________________]

COMPLAINT FOR FORCIBLE ENTRY AND DETAINER (EVICTION)

(14 M.R.S. §§ 6001, 6002, 6004)

Plaintiff alleges:

GENERAL ALLEGATIONS

1. Plaintiff is the [owner / landlord / authorized agent] of the residential rental Premises located at [ADDRESS], [CITY/TOWN], [COUNTY] County, Maine [ZIP].

2. Defendant [TENANT NAME] entered into possession of the Premises pursuant to a [written lease / oral tenancy at will] dated/beginning [__/__/____] at a rent of $[____] per month.

3. Plaintiff names as parties [TENANT NAME] and "all other occupants" of the Premises pursuant to 14 M.R.S. § 6001(1).

4. The Premises [☐ is / ☐ is not] a "covered dwelling" under the federal CARES Act, 15 U.S.C. § 9058, and [☐ is / ☐ is not] a unit subject to the federal Protecting Tenants at Foreclosure Act.

CLAIM FOR POSSESSION

5. Plaintiff realleges paragraphs 1 through 4.

6. Process of forcible entry and detainer may be maintained against Defendant under 14 M.R.S. § 6001 because Defendant is [☐ a tenant at will whose tenancy has been terminated under § 6002 / ☐ a tenant holding under a written lease or contract / ☐ a tenant holding over at the expiration or forfeiture of the term].

7. The ground for termination is [☐ nonpayment of rent — Defendant was 7+ days in arrears in the amount of $[____] (§ 6002(2)(C)) / ☐ substantial damage (§ 6002(2)(A)) / ☐ nuisance/unfit/violation of law (§ 6002(2)(B)) / ☐ violence or sexual assault (§ 6002(2)(E)) / ☐ unauthorized occupant (§ 6002(2)(F)) / ☐ no cause (§ 6002(1))].

8. On [__/__/____], Plaintiff served upon Defendant the statutorily required [30-day / 7-day] Notice pursuant to 14 M.R.S. § 6002, including the language advising the tenant of the right to contest the termination in court. A true and correct copy of the Notice is attached as Exhibit A, and the proof of service is Exhibit B.

9. The notice period has expired, and Defendant has failed to [pay the arrears / cure / vacate the Premises]. Defendant unlawfully continues in possession.

10. No retaliatory purpose exists; Plaintiff is entitled to possession (14 M.R.S. § 6001(3) governs the rebuttable presumption of retaliation).

WHEREFORE, Plaintiff demands judgment for possession of the Premises, issuance of a writ of possession under 14 M.R.S. § 6008, costs, and such other relief as the Court deems just.

SIGNATURE — COMPLAINT

Dated: [__/__/____]

____________________________________

[PLAINTIFF / ATTORNEY NAME]

☐ Plaintiff, pro se ☐ Attorney for Plaintiff, Maine Bar No. [________]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

5. PART D — VERIFICATION

I, [PLAINTIFF / AFFIANT NAME], declare under penalty of perjury under the laws of the State of Maine that I have read the foregoing Complaint and that the facts stated in it are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [CITY/TOWN], Maine.

____________________________________

[PLAINTIFF NAME], Plaintiff

6. PART E — SERVICEMEMBER (MILITARY) AFFIDAVIT

State of Maine, County of [________________]

I, [AFFIANT NAME], being first duly sworn, depose and state:

1. I have personal knowledge of the facts stated herein.

2. ☐ Based on a search of the Department of Defense Manpower Data Center, [TENANT NAME] is NOT in active military service within the meaning of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 3901 et seq. A copy of the SCRA single-record response is attached.

3. ☐ [TENANT NAME] IS in active military service; protections under the SCRA apply.

4. ☐ I am unable to determine the military status of Defendant.

____________________________________

[AFFIANT NAME]

Subscribed and sworn to (or affirmed) before me this [____] day of [________________], 20[____].

____________________________________
Notary Public / Attorney, State of Maine
My Commission Expires: [__/__/____]

7. MAINE PRACTICE NOTES

• Two-step structure. First terminate the tenancy by a § 6002 notice; then, after the notice period expires, file the F.E.D. complaint in the District Court division where the property is located (§§ 6004, 6005).
• 7 days for nonpayment. A tenant must be 7 days or more in arrears before a 7-day nonpayment notice issues. The notice MUST include the statutory reinstatement (pay-to-stay) language and a statement of the right to contest in court. Omitting required language is fatal or grounds to set aside a default.
• 30 days no-cause. A tenancy at will may be ended on a minimum of 30 days' notice by either party. If the tenant has paid rent through a later date, the notice must expire on or after that date. Portland and some municipalities require longer no-cause notice — confirm the municipality.
• 7-day for-cause grounds (§ 6002(2)). Substantial damage, nuisance/unfit/violation of law, perpetrator of violence/sexual assault, and unauthorized occupant — the notice must state the specific ground and the landlord must prove it by affirmative proof. A 30-day and a 7-day notice may be combined.
• Leases without termination language (§ 6001(1-B)). A landlord may terminate on 7 days' notice for nonpayment or for-cause grounds even if the lease has no termination provision, with the required right-to-contest language.
• Service of the notice. In-hand personal service is the default; only after at least 3 good-faith in-hand attempts may the landlord use BOTH first-class mail AND leaving a copy at the last and usual abode. Door-posting alone is insufficient.
• Court process & mediation. The F.E.D. is commenced and served like other civil actions (with an alternative service method after 3 good-faith attempts on 3 different days). Mediation is part of the District Court F.E.D. process; a hearing follows.
• Writ of possession (§ 6008). The court issues the writ of possession 7 calendar days after judgment is entered. Once a sheriff or constable serves the writ, a defendant who does not remove themselves and their possessions within 48 hours is deemed a trespasser without right.
• Retaliation presumption (§ 6001(3)). There is a rebuttable presumption of retaliation if, within 6 months before the action, the tenant asserted certain statutory rights or complained about code conditions. Document a legitimate, non-retaliatory ground.
• No self-help (§ 6014). Eviction without judicial process is illegal and exposes the landlord to statutory damages.
• Manufactured-housing communities (10 M.R.S. ch. 951) and subsidized housing follow additional/different rules. CARES Act 30-day notice may apply to federally backed dwellings; the federal Protecting Tenants at Foreclosure Act governs post-foreclosure tenancies (§ 6001(1-A)).

8. SOURCES AND REFERENCES

• 14 M.R.S. § 6002 (Tenancy at will; 30-day / 7-day notices) — https://legislature.maine.gov/statutes/14/title14sec6002.html
• 14 M.R.S. § 6001 (F.E.D. — availability of remedy; retaliation presumption) — https://www.mainelegislature.org/legis/statutes/14/title14sec6001.html
• 14 M.R.S. §§ 6004, 6005, 6008 (process, mediation, writ of possession) — https://legislature.maine.gov/statutes/14/
• Pine Tree Legal Assistance — Tenancies, the Eviction Process, and Defenses to Eviction — https://www.ptla.org/
• Maine Judicial Branch — Forcible Entry and Detainer (eviction) information & forms — https://www.courts.maine.gov/
• Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.; CARES Act § 4024 — 15 U.S.C. § 9058

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. A Maine-licensed attorney must review and customize this package before service or filing. Manufactured-housing and subsidized-housing tenancies follow additional rules; Portland and some municipalities require longer no-cause notice. Verify current notice periods, required notice language, District Court filing fees, and any CARES Act requirements before use.

Last Updated: 2026-06-06