Maine 7-Day Notice to Cure or Quit (Lease Violation / Nuisance / Damage)

MAINE 7-DAY NOTICE TO CURE OR QUIT

TABLE OF CONTENTS

1. Notice Heading and Recipients
2. Premises
3. Statement of Violation
4. Termination; Optional Withdrawal by Landlord
5. No General Statutory Cure Right for Non-Rent Grounds
6. Right to Contest in Court (Mandatory)
7. Habitability, Retaliation, and Discrimination Notices
8. Domestic Violence Anti-Eviction Notice
9. No Self-Help Eviction
10. Reservation of Rights
11. Signature
12. Proof of Service / Affidavit
13. Maine Practice Notes
14. Sources and References

1. NOTICE HEADING AND RECIPIENTS

Required attachment: Serve the current Maine Judicial Branch Form CV-256 with this residential notice: https://www.courts.maine.gov/help/eviction/index.html.

TO: [TENANT FULL LEGAL NAME], and all other occupants of the premises

FROM: [LANDLORD FULL LEGAL NAME / PROPERTY OWNER]

DATE OF NOTICE: [__/__/____]

RE: 7-Day Notice to Cure or Quit — 14 M.R.S. § 6002(1)

2. PREMISES

The rental premises subject to this Notice are located at:

[STREET ADDRESS, UNIT/APT NUMBER]
[CITY], Maine [ZIP]
County of [________________________________]

(the "Premises").

3. STATEMENT OF VIOLATION

YOU ARE HEREBY NOTIFIED that the Landlord has determined that you have engaged in conduct constituting grounds for termination under 14 M.R.S. § 6002(1). The specific factual basis is as follows:

Statutory ground (check all that apply):

☐ Substantial damage to the Premises caused by the Tenant, members of the Tenant's family, or persons on the Premises with the Tenant's permission, that the Tenant has not repaired or caused to be repaired. § 6002(1)(A).

☐ Nuisance, conduct causing or permitting the unit to become unfit for human habitation, or violation of law regarding the tenancy. § 6002(1)(B).

☐ Domestic violence, sexual assault, or stalking perpetrated by the Tenant when the victim is also a tenant. § 6002(1)(D).

☐ Violence, a threat of violence, or sexual assault by the Tenant or the Tenant's guest or invitee against another tenant, a tenant's guest, the Landlord, or the Landlord's employee or agent, subject to the statutory victim exception. § 6002(1)(E).

☐ Unauthorized occupancy — the person occupying the Premises is not an authorized occupant. § 6002(1)(F).

☐ Rent arrears of 7 days or more. § 6002(1)(C). [Use the Pay-or-Quit template with the mandatory § 6002(2) payment-and-reinstatement statement.]

Specific facts (date, time, location, witnesses, description of conduct):

[ATTACH photographs, code-enforcement citations, police reports, witness statements, repair estimates as exhibits.]

4. TERMINATION; OPTIONAL WITHDRAWAL BY LANDLORD

Your tenancy terminates seven (7) days after service of this Notice. You must quit, vacate, and deliver possession by:

TERMINATION DATE: [__/__/____]

The Landlord may, but is not required by § 6002 to, withdraw this non-rent notice in a signed writing if the Landlord determines that the underlying conduct has been fully corrected before filing. No oral statement or partial correction withdraws this notice.

If you fail to quit, the Landlord may commence a forcible entry and detainer (FED) action in District Court pursuant to 14 M.R.S. §§ 6001 et seq. and M.R. Civ. P. 80D.

5. NO GENERAL STATUTORY CURE RIGHT FOR NON-RENT GROUNDS

Section 6002(1) does not grant a general right to cure a non-rent ground after service. For substantial damage, the statute requires that the damage was not repaired before the notice was given. A Landlord's voluntary withdrawal of a notice is not a statutory cure right.

Rent arrears are different: Section 6002 expressly provides that payment of rent due as of the notice date before expiration voids the notice as to arrearage, and provides a later reinstatement rule before the writ of possession issues. Use the separate pay-rent-or-quit form containing the mandatory statutory statement.

The Tenant should consult an attorney immediately to determine whether cure is available and what cure would suffice.

6. RIGHT TO CONTEST IN COURT (MANDATORY)

THIS NOTICE IS REQUIRED BY 14 M.R.S. § 6002:

YOU HAVE THE RIGHT TO CONTEST THIS TERMINATION IN COURT. If the Landlord files a forcible entry and detainer (eviction) action, you will be served with a Summons (Maine Judicial Branch Form CV-034) and a Complaint (Form CV-007), and you will have the opportunity to appear in the District Court on the scheduled hearing date to assert any defenses you may have. Defenses include, but are not limited to: dispute of facts, defective notice (insufficient specificity, defective service, missing statutory advisement), breach of the implied warranty of habitability (14 M.R.S. § 6021), retaliation (14 M.R.S. § 6001(3)), discrimination (5 M.R.S. § 4581 et seq.), domestic-violence-victim status (14 M.R.S. § 6002(5); 14 M.R.S. § 6001), and failure to comply with statutory or local-ordinance procedures.

You should consult with an attorney as soon as possible. If you cannot afford an attorney, contact Pine Tree Legal Assistance at (207) 774-8211 or Legal Services for Maine Elders at (207) 623-1797. Free or low-cost legal information is available at https://www.ptla.org and https://www.courts.maine.gov/help/eviction/index.html.

7. HABITABILITY, RETALIATION, AND DISCRIMINATION NOTICES

The Tenant is informed that:

• ☐ Habitability (§ 6021). Conditions endangering or materially impairing health or safety, where the Tenant gave written notice and the Landlord failed to take prompt, effective steps to remedy, are grounds for habitability defense, rent abatement, and counterclaim.
• ☐ Retaliation (§ 6001(3)). A rebuttable presumption of retaliation arises if, within 6 months before this Notice or any FED filing, the Tenant: (a) asserted habitability rights; (b) complained to a code enforcement agency; (c) made a written repair request to the Landlord; (d) filed a fair housing complaint; (e) reported domestic violence or sexual assault; (f) reported sexual harassment by the Landlord; or (g) joined or organized a tenants' association. A writ of possession may not issue absent rebuttal.
• ☐ Discrimination (5 M.R.S. § 4581 et seq.). Discrimination on the basis of race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry, national origin, familial status, age (over 18), or receipt of public assistance or housing subsidy is prohibited.

8. DOMESTIC VIOLENCE ANTI-EVICTION NOTICE

The Tenant is informed that under 14 M.R.S. § 6001 and § 6002(5):

A landlord may NOT terminate or refuse to renew a tenancy because the tenant or a member of the tenant's household is or has been a victim of domestic violence, sexual assault, or stalking. A tenant-victim has a defense to an FED action grounded in an incident of domestic violence, sexual assault, or stalking against the tenant. A tenant-victim may also terminate the tenancy on 7 days' written notice with appropriate documentation.

If the conduct described in Section 3 is the result of domestic violence, sexual assault, or stalking PERPETRATED AGAINST you, immediately notify the Landlord in writing and consult an attorney or domestic-violence advocate.

9. NO SELF-HELP EVICTION

The Landlord WILL NOT change locks, remove the Tenant's property, shut off utilities, or otherwise interfere with the Tenant's possession of the Premises outside of the forcible entry and detainer process. 14 M.R.S. § 6014 prohibits self-help eviction and provides that any tenant subjected to self-help eviction may recover actual damages or $250 (whichever is greater), reasonable attorney fees, and costs.

10. RESERVATION OF RIGHTS

The Landlord reserves all rights and remedies at law and in equity, including the right to seek damages, costs, and attorney fees in a separate civil action or as part of any FED proceeding. Acceptance of rent or partial cure shall not waive this Notice unless expressly agreed in writing.

11. SIGNATURE

Dated: [__/__/____]

[________________________________]
[LANDLORD / AUTHORIZED AGENT NAME]
[TITLE, IF AGENT]
[MAILING ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

12. PROOF OF SERVICE / AFFIDAVIT

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

1. I am over 18 years of age and not a party to this matter.
2. I served the foregoing 7-Day Notice to Cure or Quit together with Form CV-256 on [TENANT NAME] in the manner indicated below:

☐ Personal service on [__/__/____] at approximately [____] [AM/PM] at the Premises.

☐ Alternative service after three attempts: after the following good-faith attempts at personal service, I both mailed the notice and CV-256 by first-class mail to the Tenant's last known address and left copies at the Tenant's last and usual place of abode:

Date of first-class mailing and abode delivery: [__/__/____]

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

[________________________________]
[SERVER NAME]
[ADDRESS]

State of Maine
County of [________________________________]

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

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

13. MAINE PRACTICE NOTES

1. Strict construction. Maine courts construe 7-day notices strictly against the landlord. Any defect — vague allegations, missing statutory advisement, defective service — voids the notice.
2. No general non-rent cure right. Section 6002 does not create a post-notice cure right for the non-rent grounds in subsection 1. A landlord may voluntarily withdraw a notice in writing after correction, but the template must not promise that result.
3. Specific facts are required. State the conduct with date, time, location, witnesses, and (where applicable) cost of repair. Vague boilerplate ("nuisance," "lease violation") will not survive judicial review.
4. Repeat conduct. For ongoing nuisances, list each incident. Maine courts may require demonstration that the conduct continued after notice.
5. Domestic violence victim protections. § 6001 and § 6002(5) bar eviction for incidents perpetrated against the tenant. Distinguish carefully between tenant-victim and tenant-perpetrator. The federal Violence Against Women Act (34 U.S.C. § 12491) provides parallel protections in federally-assisted housing.
6. Local ordinances.
   - Portland (Portland Code Ch. 6): Just-cause-style limitations on certain grounds; no-cause notices follow the 90/60/30-day schedule; for-cause notices follow § 6002 but are subject to Rent Board procedures for covered units.
   - South Portland, Brunswick, Lewiston-Auburn: Check local ordinances.
7. District Court venue. FED actions are filed in the District Court for the division where the property is located. The hearing date must be at least 14 days after service of the FED Summons.
8. Appeal. Either party may appeal an FED judgment to Superior Court for trial de novo within 30 days OR until the writ of possession issues, whichever comes first. 14 M.R.S. § 6008.

14. 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. § 6005 — Writ of possession: https://legislature.maine.gov/statutes/14/title14ch709.pdf
• 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. § 6021 — Implied warranty and covenant of habitability: https://www.mainelegislature.org/legis/statutes/14/title14sec6021.html
• 14 M.R.S. Ch. 709 — Entry and Detainer: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6033 — Return of security deposit: https://www.mainelegislature.org/legis/statutes/14/title14sec6033.pdf
• 5 M.R.S. § 4581 et seq. — Maine Human Rights Act, Fair Housing: 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
• 34 U.S.C. § 12491 — Violence Against Women Act housing protections
• M.R. Civ. P. 80D — Forcible entry and detainer procedure: https://www.courts.maine.gov/rules/rules-civil.html
• Maine Judicial Branch — Eviction Help: https://www.courts.maine.gov/help/eviction/index.html
• Pine Tree Legal Assistance — Rights of Maine Renters: https://ptla.org/rights-maine-renters-eviction
• Portland Code of Ordinances 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