Maine 30-Day No-Cause Notice to Terminate Tenancy at Will

MAINE 30-DAY NO-CAUSE NOTICE TO TERMINATE TENANCY AT WILL

TABLE OF CONTENTS

1. Notice Heading and Recipients
2. Premises and Tenancy
3. Termination of Tenancy
4. Demand for Possession
5. Local Ordinance Compliance (Portland and Other Municipalities)
6. Right to Contest in Court (Mandatory)
7. Habitability, Retaliation, and Discrimination Notices
8. Subsidized Housing Notice (If Applicable)
9. Security Deposit Disposition
10. No Self-Help Eviction
11. Reservation of Rights
12. Signature
13. Proof of Service / Affidavit
14. Maine Practice Notes
15. 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: 30-Day No-Cause Notice to Terminate Tenancy at Will — 14 M.R.S. § 6002

2. PREMISES AND TENANCY

The rental premises subject to this Notice are located at:

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

(the "Premises").

The current tenancy is a TENANCY AT WILL governed by 14 M.R.S. § 6002. The current monthly rent is $[__________], payable on the [____] day of each month.

3. TERMINATION OF TENANCY

YOU ARE HEREBY NOTIFIED that the Landlord TERMINATES the above-described Tenancy at Will, effective at midnight on [__/__/____] (the "Termination Date"), pursuant to 14 M.R.S. § 6002(1).

The Termination Date is at least THIRTY (30) DAYS after the date of service of this Notice and falls on or after the next rent payment date following service. No specific cause is alleged.

[FOR PORTLAND UNITS — STRIKE IF NOT APPLICABLE: The Termination Date is at least NINETY (90) DAYS after the date of service of this Notice, in compliance with Portland Code of Ordinances Ch. 6, Sec. 6-236. ALTERNATIVELY, the Termination Date is at least 60 days after service AND the Landlord has tendered relocation assistance equal to one month's rent ($[__________]) by [check / electronic transfer] dated [__/__/____]; OR the Termination Date is at least 30 days after service AND the Landlord has tendered relocation assistance equal to two months' rent ($[__________]) by [check / electronic transfer] dated [__/__/____].]

4. DEMAND FOR POSSESSION

On or before the Termination Date, you must QUIT, VACATE, and DELIVER UP possession of the Premises to the Landlord, with all keys, garage-door openers, and access devices, and with the Premises in substantially the condition they were in at the inception of the tenancy, ordinary wear and tear excepted.

If you fail to vacate by the Termination Date, 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. LOCAL ORDINANCE COMPLIANCE (PORTLAND AND OTHER MUNICIPALITIES)

If the Premises are located in the City of Portland, Maine, this Notice is intended to comply with Portland Code of Ordinances Chapter 6, Sec. 6-236 (Rental Housing), as follows:

[Tenants in covered Portland units are also entitled to procedural protections through the Portland Rent Board where applicable.]

If the Premises are located in another municipality with rental-housing protections (including but not limited to South Portland, Brunswick, or Lewiston-Auburn), the Landlord will comply with all applicable local ordinances.

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: defective notice (insufficient days, defective service, missing right-to-contest advisement), retaliation under 14 M.R.S. § 6001(3), discrimination under 5 M.R.S. § 4581 et seq. (including discrimination based on source of income, race, color, sex, sexual orientation, gender identity, disability, religion, ancestry, national origin, familial status, or age), domestic-violence-victim status under 14 M.R.S. § 6001 and § 6002(5), failure to comply with local ordinances, and breach of the implied warranty of habitability under 14 M.R.S. § 6021.

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). The implied warranty and covenant of habitability is non-waivable.
• ☐ Retaliation (§ 6001(3)). A rebuttable presumption of retaliatory eviction arises if, within 6 MONTHS before this Notice or any FED action, the Tenant: (a) asserted habitability rights; (b) complained as an individual to a governmental authority of conditions affecting the dwelling; (c) made a written request to the Landlord for repairs or for the cessation of code violations; (d) filed a fair-housing complaint with state or federal authorities; (e) notified the Landlord of victimhood of domestic violence, sexual assault, or stalking; (f) reported sexual harassment by the Landlord to authorities; or (g) joined or organized a tenants' association. Under § 6001(3), a writ of possession may NOT issue absent rebuttal of the presumption.
• ☐ Discrimination (5 M.R.S. § 4581 et seq.). The Maine Human Rights Act prohibits 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), and receipt of public assistance or housing subsidy (source of income).

8. SUBSIDIZED HOUSING NOTICE (IF APPLICABLE)

If the tenancy is subsidized under any of the following programs, this 30-day no-cause notice is INSUFFICIENT and a different notice complying with federal/agency rules is required:

The Landlord certifies that the tenancy is ☐ NOT subsidized / ☐ subsidized under [PROGRAM] and the Landlord has complied with all applicable federal, state, and agency notice and good-cause requirements.

9. SECURITY DEPOSIT DISPOSITION

Pursuant to 14 M.R.S. § 6033 and § 6034, the Landlord must return the Tenant's security deposit, less any lawful deductions accompanied by an itemized written statement, within:

• 30 days after termination (for written rental agreements); or
• 21 days after termination or surrender, whichever is later (for tenancies at will).

Wrongful retention of any portion of the security deposit subjects the Landlord to liability for DOUBLE the amount wrongfully withheld, plus reasonable attorney fees and court costs (§ 6034).

The Tenant is requested to provide a forwarding address for return of the security deposit:

[________________________________]
[________________________________]
[________________________________]

10. 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.

11. 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 rent for any period after the Termination Date may, in the Landlord's discretion, constitute use-and-occupancy compensation rather than rent and shall not be construed as a waiver of this Notice unless expressly so agreed in writing.

12. SIGNATURE

Dated: [__/__/____]

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

13. 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 30-Day No-Cause Notice to Terminate Tenancy at Will 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: [__/__/____]

14. MAINE PRACTICE NOTES

1. Statutory floor; municipal supplements. 14 M.R.S. § 6002 sets a 30-day floor for tenancy-at-will terminations. Municipalities may (and Portland does) impose longer notice periods.
2. Notice expiration must align with rent cycle. § 6002(1) requires the notice to expire on or after the next rent-payment date if rent has been paid for that period.
3. Service rules are exacting. Three good-faith attempts at personal service are a prerequisite to substitute service. Document each attempt with date, time, and reason for failure.
4. No specific cause required — but cause matters. While the statute permits termination without cause, an apparent retaliatory motive or discriminatory pattern can defeat the notice. Build a contemporaneous record of legitimate business reasons (sale, owner-occupancy, rehabilitation, etc.).
5. Subsidized tenancies require good cause. Federal program rules supersede § 6002 for HCV, project-based Section 8, public housing, LIHTC, and USDA-RD. Confirm program status before serving notice.
6. Source-of-income discrimination prohibited. 5 M.R.S. § 4581-A and the Housing Opportunities for Maine Act (LD 1710, 2023) bar discrimination based on participation in any federal, state, or local rental-assistance program (Section 8 vouchers, MaineHousing, etc.).
7. Lead-paint compliance. For pre-1978 housing, compliant lead disclosures (42 U.S.C. § 4852d; 22 M.R.S. § 1328; 14 M.R.S. § 6030-B) are conditions of lawful tenancy and may surface as counterclaims in any FED proceeding.
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.

15. 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. § 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
• 14 M.R.S. § 6034 — Wrongful retention; damages: https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html
• 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
• 22 M.R.S. § 1328 — Lead disclosure: https://www.mainelegislature.org/legis/statutes/22/title22sec1328.html
• 24 C.F.R. § 982.310 — Section 8 HCV terminations
• 42 U.S.C. § 4852d — Federal Lead-Based Paint Hazard Reduction Act
• M.R. Civ. P. 80D — Forcible entry and detainer: https://www.courts.maine.gov/rules/rules-civil.html
• Maine Judicial Branch — Eviction (FED) 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 — Rental Housing: https://portlandmaine.gov/1148/Rent-Control-Rental-Housing-Rights
• Maine Equal Justice — HOME Act / LD 1710 fact sheet: https://maineequaljustice.org/site/assets/files/4062/2023_home_act_fact_sheet_ld_1710.pdf
• Maine AG — Consumer Rights When You Rent: https://www.maine.gov/ag/dynld/documents/clg14.pdf