Maine 7-Day Notice to Pay Rent or Quit

MAINE 7-DAY NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Notice Heading and Recipients
2. Premises
3. Statement of Rent in Arrears
4. Demand for Payment or Possession
5. Statutory Reinstatement Notice (Mandatory)
6. Right to Contest in Court (Mandatory)
7. Habitability, Retaliation, and Discrimination Notices
8. No Self-Help Eviction
9. Reservation of Rights
10. Signature
11. Proof of Service / Affidavit
12. Maine Practice Notes
13. Sources and References

1. NOTICE HEADING AND RECIPIENTS

Required attachment: Serve the current Maine Judicial Branch Form CV-256, Residential Forcible Entry and Detainer (Eviction) Information Sheet and Mediation Request, with this 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 Pay Rent or Quit — 14 M.R.S. § 6002

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 RENT IN ARREARS

YOU ARE HEREBY NOTIFIED that, as of [__/__/____], you are SEVEN (7) DAYS OR MORE in arrears in the payment of rent for the Premises in the amount itemized below:

The most recent unpaid rent due date was [__/__/____]. The tenant is seven (7) days or more in arrears, satisfying 14 M.R.S. § 6002(1)(C).

4. DEMAND FOR PAYMENT OR POSSESSION

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

(a) PAY the full amount of rent in arrears stated in Section 3 above to the Landlord at the address stated in Section 10; OR

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

If you fail to do either, 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, unpaid rent, costs, and any other relief permitted by law.

5. STATUTORY REINSTATEMENT NOTICE (MANDATORY)

REQUIRED STATEMENT UNDER 14 M.R.S. § 6002:

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.

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: payment, partial payment, defective notice, 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.), 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, you may 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 also available at https://www.ptla.org and https://www.courts.maine.gov/help/eviction/index.html.

7. HABITABILITY, RETALIATION, AND DISCRIMINATION NOTICES

The Landlord acknowledges and the Tenant is informed that:

• ☐ The implied warranty and covenant of habitability under 14 M.R.S. § 6021 is non-waivable. A tenant who has given the landlord written notice of a condition that endangers or materially impairs health or safety, and who is current in rent at the time the notice was given, may assert a habitability claim or defense.
• ☐ Maine law presumes retaliatory eviction (14 M.R.S. § 6001(3)) where a tenant, within 6 months before the FED action, has (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, or (f) reported sexual harassment by the landlord. A writ of possession may not issue absent rebuttal of this presumption.
• ☐ 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 by 5 M.R.S. § 4581 et seq.

8. 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.

9. RESERVATION OF RIGHTS

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

10. SIGNATURE

Dated: [__/__/____]

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

11. 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 Pay Rent 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: [__/__/____]

12. MAINE PRACTICE NOTES

1. Strict construction. Maine courts construe 7-day notices strictly against the landlord. Any defect — wrong arrears amount, missing reinstatement language, missing right-to-contest advisement, missing or insufficient three-attempt service — voids the notice and bars the FED action until a corrected notice is served.
2. Cure right before the writ issues. Before the notice expires, payment of the rent due as of the notice date voids the notice as to rent arrearage. After expiration, payment of all arrears, rent due as of payment, and actual filing and service-of-process fees before the writ of possession issues reinstates the tenancy. § 6002.
3. Tenancy at will is the default. Absent a written lease, Maine treats the tenancy as a tenancy at will. § 6002 controls notice requirements. A written lease may not waive § 6002 below the statutory floor.
4. District Court venue. FED actions are filed in the District Court for the division where the property is located. Hearing dates must be at least 14 days after service of the FED Summons (CV-034).
5. Appeal. A 7-day appeal window does not apply to FED; under 14 M.R.S. § 6008, 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. The appellant tenant must pay rent into escrow as a condition of stay.
6. Local ordinances.
   - Portland (Portland Code Ch. 6, Sec. 6-236): No-cause notices must be 90 days; 60-day notice requires payment of one month's rent; 30-day notice requires two months' rent. Pay-or-quit timeframe follows § 6002 but is subject to Rent Board procedures for covered units.
   - South Portland and Brunswick: Check local rental housing ordinances.
   - Lewiston-Auburn: Rental conditions enforcement is active; document habitability complaints carefully.
7. Domestic violence carve-out. A tenant who is a victim of domestic violence, sexual assault, or stalking may terminate the tenancy on 7 days' notice with appropriate documentation. § 6002(5).
8. Combined notice. A landlord may combine a 7-day for-cause notice with a 30-day no-cause notice in a single document under § 6002(4); the FED proceeds on whichever ground succeeds.

13. SOURCES AND REFERENCES

• 14 M.R.S. § 6001 — Availability of remedy; retaliation presumption: 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. § 6030-B — Environmental lead hazards: https://www.mainelegislature.org/legis/statutes/14/title14sec6030-B.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
• M.R. Civ. P. 80D — Forcible entry and detainer procedure: https://www.courts.maine.gov/rules/rules-civil.html
• Maine Judicial Branch Form CV-256 — https://www.courts.maine.gov/help/eviction/index.html
• Maine Judicial Branch — Eviction (FED) Help Center: https://www.courts.maine.gov/help/eviction/index.html
• Maine Judicial Branch Form CV-007 — Complaint for FED: https://www.courts.maine.gov/forms/index.html
• Maine Judicial Branch Form CV-034 — FED Summons: https://www.courts.maine.gov/forms/index.html
• Maine Judicial Branch Form CV-204 — Affidavit of Service: 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 of Ordinances Ch. 6, Sec. 6-236 (Rental Housing): 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