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. Cure Demand or Quit
5. Limited Cure Right Under Maine Law
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

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(2)

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 are in material violation of the rental agreement and/or have engaged in conduct constituting grounds for termination under 14 M.R.S. § 6002(2). 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(2)(A).

☐ Nuisance, or violation of law regarding the tenancy, that has caused the dwelling unit to become unfit for human habitation. § 6002(2)(B).

☐ Domestic violence, sexual assault, or stalking PERPETRATED BY the Tenant against another tenant within the same building. § 6002(2)(C).

☐ Violence, threats of violence, or assault by the Tenant or a guest against the landlord, the landlord's employee or agent, or another tenant. § 6002(2)(D).

☐ Unauthorized occupancy — persons other than those named on the rental agreement residing at the Premises in violation of the lease. § 6002(2)(E).

☐ Rent arrears of 7 days or more. § 6002(2)(F). [Use Pay-or-Quit template.]

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

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

4. CURE DEMAND OR QUIT

WITHIN SEVEN (7) DAYS after service of this Notice upon you, you must EITHER:

(a) CURE the violation described in Section 3 above, to the extent the violation is curable under Maine law (see Section 5), by:

[SPECIFY THE CURE — e.g., "completing all repairs to the damaged interior walls, doors, and flooring at your own expense and providing the Landlord with photographs and contractor receipts evidencing the same"; "permanently removing the unauthorized occupant and providing written confirmation"; "abating the nuisance and refraining from any recurrence"]; OR

(b) QUIT, VACATE, and DELIVER UP possession of the Premises to the Landlord.

If you fail to cure (where curable) or quit, the Landlord will commence a forcible entry and detainer (FED) action against you in the District Court pursuant to 14 M.R.S. §§ 6001 et seq. and M.R. Civ. P. 80D, seeking judgment for possession, damages, costs, and any other relief permitted by law.

5. LIMITED CURE RIGHT UNDER MAINE LAW

The Tenant is informed that the right to cure under Maine's 7-day for-cause notice is LIMITED and depends on the nature of the violation:

• Substantial damage: May be cured by completing repairs (or causing repairs to be completed) before the Notice expires.
• Nuisance / violation of law: May be cured by abating the nuisance and ceasing the violation, where the conduct is reasonably abatable.
• Violence, threats, or assault; DV/sexual-assault perpetration; unauthorized occupancy: Maine courts have generally held there is NO cure right for these grounds; the Tenant's only option may be to vacate.
• Rent arrears: Cure is governed by 14 M.R.S. § 6002(2) — payment of full arrears voids the notice; payment of arrears, current rent, and filing/service fees before judgment reinstates the tenancy.

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 on [TENANT NAME] in the manner indicated below:

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

☐ Substitute service by leaving a true copy at the Tenant's last and usual place of abode at [ADDRESS] on [__/__/____] at approximately [____] [AM/PM], after the following good-faith attempts at personal service:

☐ Mailing by first-class mail, postage prepaid, to the Tenant at the Premises on [__/__/____].

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 cure for some grounds. Maine has not adopted a uniform cure rule for for-cause notices. Where the violation is non-curable as a matter of law (violence, DV-perpetration, unauthorized occupancy), the notice operates as an outright termination notice.
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