NOTICE TO QUIT AND DEMAND FOR POSSESSION
(Maine – Residential Tenancy)
[// GUIDANCE: This is a court-ready template drafted to comply with Maine landlord–tenant law and the procedural rules governing forcible entry and detainer actions in the Maine District Court. Customize all bracketed items, verify statutory notice periods for the specific grounds asserted, and attach any required statutory disclosures.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
Title: Notice to Quit and Demand for Possession
Landlord: [LANDLORD LEGAL NAME], a [ENTITY TYPE] with a principal place of business at [LANDLORD ADDRESS]
Tenant(s): [TENANT LEGAL NAME(S)]
Premises: [STREET ADDRESS, UNIT #, CITY, ME ZIP]
Lease Date: [DATE OF LEASE OR “Tenancy-at-Will”]
Effective Date of Notice: [DATE NOTICE ISSUED]
Jurisdiction: State of Maine – Housing Division of the Maine District Court
Recitals
A. Landlord and Tenant are parties to the Lease or tenancy described above.
B. An event of default has occurred under the Lease and under Maine landlord-tenant law.
C. Landlord now provides this statutory notice to quit and makes demand for possession.
2. DEFINITIONS
For purposes of this Notice, the following terms shall have the meanings set forth below (terms appear alphabetically):
“Cure Amount” means the total sum of unpaid Rent, late charges, and any other amounts legally recoverable as of the Cure Deadline.
“Cure Deadline” means [DATE], being not less than the minimum period required by Maine law for the applicable grounds stated herein.
“Lease” means the written lease agreement dated [DATE], or if no written lease exists, the tenancy-at-will relationship between Landlord and Tenant.
“Notice Period” means the statutory period beginning on the date of valid service of this Notice and ending at 11:59 p.m. on the Cure Deadline (or, if no cure is permitted, at 11:59 p.m. on the Termination Date).
“Premises” has the meaning stated in Section 1.
“Rent Default” means Tenant’s failure to pay Rent when due, constituting a material breach of the Lease.
“Termination Date” means [DATE], being the last day of the Notice Period.
3. OPERATIVE PROVISIONS
3.1 Identification of Default
a. ☐ Non-Payment of Rent: Tenant failed to pay Rent due on [DATE] in the amount of $[AMOUNT].
b. ☐ Lease Violation: Tenant violated the Lease by [DESCRIBE VIOLATION].
c. ☐ Termination of Tenancy-at-Will: Landlord elects to terminate the tenancy-at-will for lawful reasons.
d. ☐ Other Statutory Cause: [DESCRIBE – e.g., nuisance, dangerous conduct].
3.2 Statutory Notice Period
a. For Non-Payment of Rent or specified serious misconduct – 7-Day Notice.
b. For Lease Violation or Termination of Tenancy-at-Will – 30-Day Notice.
[// GUIDANCE: Select the legally correct period for the grounds asserted. Insert exact dates in Definitions.]
3.3 Demand for Possession
Tenant must vacate and surrender exclusive possession of the Premises to Landlord on or before the Termination Date.
3.4 Right to Cure (if applicable)
a. Tenant may cure the Rent Default by paying the Cure Amount in full to Landlord on or before the Cure Deadline.
b. Partial payment will not constitute cure unless accepted in writing by Landlord. Acceptance of partial payment does not waive Landlord’s right to possession unless Landlord expressly states otherwise in writing.
3.5 Payment Instructions
All payments must be made [METHOD – e.g., certified funds] and delivered to [PAYMENT ADDRESS/PORTAL].
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents that:
a. Landlord is the legal owner (or authorized agent) entitled to possession of the Premises;
b. The information contained in this Notice is true and correct to the best of Landlord’s knowledge;
c. Service of this Notice will be effected in strict compliance with Maine law.
4.2 Tenant is deemed to warrant the truthful disclosure of any defenses or counterclaims in any subsequent legal action.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not commit waste, damage, or unlawful activity on the Premises during the Notice Period.
5.2 Tenant shall continue to comply with all Lease obligations, including payment of accruing Rent.
5.3 Landlord shall maintain utilities and essential services as required by law until legal possession is regained.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure to (i) vacate by the Termination Date, or (ii) cure the Rent Default by the Cure Deadline, constitutes a continuing default.
6.2 Remedies
a. Summary Eviction: Landlord will file a forcible entry and detainer (FED) action in the Maine District Court – Housing Division.
b. Damages: Landlord may seek unpaid Rent, holdover damages, court costs, and attorney fees where permitted.
c. Graduated Consequences: Additional daily use-and-occupancy charges of $[AMOUNT] may accrue after the Termination Date until surrender.
6.3 Attorneys’ Fees
If the Lease provides for prevailing-party fees, Landlord will seek recovery thereof; otherwise, fees will be sought as allowed by statute or court rule.
7. RISK ALLOCATION
[Not applicable – no indemnification or liability caps are incorporated into statutory eviction notices. This Section is intentionally left blank.]
8. DISPUTE RESOLUTION
8.1 Governing Law
This Notice and any ensuing action shall be governed by the laws of the State of Maine.
8.2 Forum Selection
Exclusive venue lies in the State of Maine District Court, [COUNTY] Housing Division. Tenant consents to that forum for any FED action.
8.3 Arbitration
Arbitration is not available for summary eviction proceedings.
8.4 Jury Waiver
No jury waiver is asserted; any statutory or constitutional right to jury trial remains as provided by law.
8.5 Injunctive Relief
Nothing in this Notice limits Landlord’s right to seek immediate eviction or other equitable relief.
9. GENERAL PROVISIONS
9.1 No Waiver
Landlord’s acceptance of partial Rent or delay in enforcing rights does not waive any default or future breach.
9.2 Severability
If a court of competent jurisdiction finds any provision of this Notice unenforceable, the remaining provisions will remain in effect.
9.3 Integration
This Notice constitutes the entire notice required by Maine law for the grounds stated and supersedes any prior verbal or written notices concerning the same default.
9.4 Amendments
Any modification to this Notice must be in a subsequent writing delivered in a manner consistent with Section 10.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned hereby issues this Notice on the Effective Date set forth above.
[LANDLORD LEGAL NAME]
By: _________
Name: [TYPED NAME]
Title/Capacity: [OWNER / PROPERTY MANAGER / AGENT]
Date: [DATE]
[OPTIONAL NOTARIZATION – if desired for evidentiary purposes]
State of Maine
County of [COUNTY]
Subscribed and sworn before me on [DATE] by [NAME] who is personally known to me or produced satisfactory evidence of identity.
Notary Public
My Comm. Expires: [DATE]
11. CERTIFICATE OF SERVICE
[// GUIDANCE: Maine permits several service methods. Choose all that apply and complete the details.]
I, [SERVER NAME], certify that on [DATE], I served a true and correct copy of the foregoing Notice to Quit and Demand for Possession on [TENANT NAME(S)] by:
☐ Personal delivery to Tenant.
☐ Leaving the Notice at the Premises in the presence of a resident of suitable age and discretion.
☐ Posting the Notice conspicuously on the main entrance of the Premises and sending a copy by first-class mail to Tenant’s last known address.
☐ Service by sheriff/constable pursuant to the Maine Rules of Civil Procedure.
I declare under penalty of perjury that the foregoing is true and correct.
[SERVER SIGNATURE]
Name: [PRINTED NAME]
Date: [DATE]
[// GUIDANCE: Attach (i) a ledger showing the Rent Default and calculation of the Cure Amount, and (ii) any required lead-paint or other statutory disclosures if not previously provided.]