RESIDENTIAL LEASE AGREEMENT

State of Maine

[// GUIDANCE: This template is drafted to comply with Maine’s landlord-tenant statutes, 14 M.R.S.A. §§ 6001 et seq. (eviction), §§ 6021 (habitability), and §§ 6031-6038 (security deposits), and is structured for immediate attorney review and client customization.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Lease of Premises & Term
4. Rent; Additional Charges
5. Security Deposit
6. Use; Occupancy Limits; Conduct
7. Landlord’s Representations & Warranties
8. Tenant’s Representations & Covenants
9. Maintenance, Repairs & Habitability
10. Utilities & Services
11. Insurance; Risk Allocation; Indemnity
12. Default & Remedies
13. Casualty; Condemnation; Force Majeure
14. Assignment & Subletting
15. Compliance With Laws; Entry & Inspection
16. Dispute Resolution & Governing Law
17. General Provisions
18. Execution Block

1. DOCUMENT HEADER

This Residential Lease Agreement (this “Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

(a) Landlord: [LANDLORD LEGAL NAME], [type of entity/individual], having a mailing address at [LANDLORD ADDRESS] (“Landlord”); and

(b) Tenant: [TENANT LEGAL NAME], having a mailing address at [TENANT ADDRESS] (“Tenant”).

Recitals
A. Landlord is the lawful owner of the real property and improvements located at [PREMISES ADDRESS] (the “Premises”).
B. Tenant desires to lease the Premises from Landlord upon the terms set forth herein, and Landlord is willing to lease the same to Tenant in consideration of the mutual covenants contained in this Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

2. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below:

“Additional Rent” – all amounts other than Base Rent required to be paid by Tenant under this Agreement.
“Base Rent” – the monthly rental payment specified in Section 4.1.
“Commencement Date” – [COMMENCEMENT DATE].
“Event of Default” – any event described in Section 12.1 constituting a default by Tenant.
“Expiration Date” – [TERMINATION DATE], unless earlier terminated in accordance with this Agreement.
“Hazardous Materials” – any substance regulated by environmental laws, including but not limited to petroleum products and asbestos.
“Lease Term” – collectively, the Initial Term and any Renewal Term(s) as defined in Section 3.2.
“Security Deposit” – the amount described in Section 5, subject to 14 M.R.S.A. §§ 6031-6038.

[// GUIDANCE: Add or delete definitions as necessary; ensure each defined term is used consistently.]

3. LEASE OF PREMISES & TERM

3.1 Lease Grant. Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts the same, together with the right to use all common areas appurtenant thereto, subject to the terms and conditions herein.

3.2 Term.
(a) Initial Term. The lease term shall commence on the Commencement Date and, unless earlier terminated, shall expire on the Expiration Date (the “Initial Term”).
(b) Renewal Term(s). Provided Tenant is not in default, Tenant may renew the Lease for [NUMBER] additional term(s) of [RENEWAL TERM LENGTH] each (each, a “Renewal Term”) by delivering written notice to Landlord at least [X] days prior to the then-current Expiration Date. All provisions of this Agreement shall apply during any Renewal Term, except Base Rent shall escalate pursuant to Section 4.2.

3.3 Holding Over. Any holding over without Landlord’s written consent shall constitute a tenancy at sufferance at 150 % of the last applicable Base Rent, plus Additional Rent, and shall otherwise be subject to all terms herein.

4. RENT; ADDITIONAL CHARGES

4.1 Base Rent. Tenant shall pay to Landlord monthly Base Rent of $[RENT AMOUNT], due in advance on or before the first (1st) calendar day of each month. Payments shall be made by [METHOD], to [PAYEE INFORMATION] or such other place as Landlord designates in writing.

4.2 Rent Escalation. Commencing on each anniversary of the Commencement Date, Base Rent shall increase by [PERCENTAGE %] or [CPI Formula], whichever is greater.

4.3 Late Charges; Returned Check Fee. If any rent is not received within [GRACE PERIOD] days after due, Tenant shall pay a late charge of $[LATE FEE] plus interest at [INTEREST RATE %] per annum from the due date. Returned checks shall incur a fee of $[RETURNED CHECK FEE] in addition to statutory penalties.

4.4 Additional Rent.
(a) Utilities (Section 10).
(b) Costs of repair attributable to Tenant (Section 9.4).
(c) Any other sums that this Agreement designates as Additional Rent.

All Additional Rent is due within [10] days of Landlord’s invoice and shall be cumulative of all remedies for non-payment of rent.

5. SECURITY DEPOSIT

5.1 Deposit Amount; Statutory Cap. On execution of this Agreement, Tenant shall deposit with Landlord the Security Deposit in the amount of $[SECURITY DEPOSIT AMOUNT], which shall not exceed two (2) months’ rent in accordance with 14 M.R.S.A. § 6032(1).

5.2 Segregated Account & Interest. Landlord shall hold the Security Deposit in a separate, interest-bearing, federally-insured account at a financial institution located in Maine and shall not commingle such funds with Landlord’s assets, as required by 14 M.R.S.A. § 6038. Any interest earned shall be paid to Tenant in accordance with that statute.

5.3 Permitted Deductions. Landlord may deduct from the Security Deposit only (a) unpaid rent, (b) damages beyond normal wear and tear, (c) reasonable cleaning charges necessary to return the Premises to its initial condition, and (d) other amounts expressly permitted by 14 M.R.S.A. § 6033.

5.4 Return of Deposit; Itemized Statement.
(a) For tenancies under a written lease, Landlord shall, within thirty (30) days after the later of (i) tenant’s surrender of possession and (ii) Tenant’s provision of a forwarding address, return the balance of the Security Deposit with an itemized statement of deductions.
(b) For at-will tenancies, the deadline is twenty-one (21) days.

If Landlord fails to comply, Tenant may be entitled to double the amount wrongfully withheld pursuant to 14 M.R.S.A. § 6034.

6. USE; OCCUPANCY LIMITS; CONDUCT

6.1 Residential Use Only. The Premises shall be used solely as a private residence by no more than [MAX OCCUPANTS] occupants and for no other purpose without Landlord’s prior written consent.

6.2 Prohibited Activities. Tenant shall not (a) conduct unlawful activities; (b) create a nuisance; (c) allow smoking [OPTION: “except in designated areas”]; or (d) keep pets except as set forth in Section 6.3.

6.3 Pets. [SELECT ONE]
☐ No pets are allowed.
☐ Tenant may keep [NUMBER & TYPE OF PETS] subject to payment of a pet deposit of $[PET DEPOSIT] and compliance with Landlord’s Pet Addendum.

6.4 Quiet Enjoyment. So long as Tenant pays rent and performs Tenant’s obligations, Tenant shall peaceably and quietly enjoy the Premises without interference from Landlord or anyone claiming by, through, or under Landlord, subject to the terms of this Agreement.

7. LANDLORD’S REPRESENTATIONS & WARRANTIES

7.1 Title & Authority. Landlord represents that it holds good title to the Premises and has full authority to enter into this Agreement.

7.2 Habitability. On the Commencement Date, the Premises shall be fit for human habitation and in compliance with 14 M.R.S.A. § 6021.

7.3 Warranty of Habitability. Landlord warrants, for the Lease Term, that the Premises shall remain fit for human habitation, and Landlord shall make all repairs required under Section 9.

7.4 Compliance With Laws. To Landlord’s knowledge, the Premises is in material compliance with all applicable building, housing, health, and safety codes.

[// GUIDANCE: Consider adding lead-based paint & radon disclosures where federally/state-mandated.]

8. TENANT’S REPRESENTATIONS & COVENANTS

8.1 Authority. Tenant represents that Tenant has the legal capacity to enter into and perform under this Agreement.

8.2 Condition Acceptance. Subject to Landlord’s obligations under Section 7, Tenant has inspected, accepts, and is satisfied with the condition of the Premises as of the Commencement Date.

8.3 Compliance. Tenant shall comply with all laws, ordinances, and regulations applicable to Tenant’s use and occupancy, including recycling, noise, and parking rules.

8.4 Alterations. Tenant shall not make alterations, improvements, or additions without Landlord’s prior written consent, and any such work shall become Landlord’s property at expiration unless otherwise agreed.

8.5 Tenant-Caused Damage. Tenant shall promptly reimburse Landlord for the cost of repairing any damage to the Premises or common areas caused by Tenant, Tenant’s occupants, guests, or invitees, ordinary wear and tear excepted.

9. MAINTENANCE, REPAIRS & HABITABILITY

9.1 Landlord’s Obligations. Landlord shall:
(a) Maintain all electrical, plumbing, heating systems, and appliances provided by Landlord in safe working order;
(b) Keep common areas clean and safe;
(c) Make repairs within a reasonable time after notice from Tenant.

9.2 Tenant’s Obligations. Tenant shall:
(a) Keep the Premises clean and sanitary;
(b) Dispose of trash properly;
(c) Use electrical, plumbing, and mechanical systems in a reasonable manner;
(d) Promptly notify Landlord of any condition requiring repair or presenting a hazard.

9.3 Tenant Remedies for Non-Compliance. If Landlord fails to comply with Section 9.1 and such failure materially affects health or safety, Tenant may pursue remedies under 14 M.R.S.A. § 6021, including withholding rent or terminating the tenancy, after giving notice and reasonable time to cure.

9.4 Access for Repairs. Tenant shall allow Landlord and contractors reasonable entry (with at least 24-hour notice, except in emergencies) to inspect, repair, or show the Premises to prospective tenants or purchasers.

10. UTILITIES & SERVICES

Tenant shall be responsible for and shall timely pay all charges for the following utilities serving the Premises: [ELECTRICITY, HEAT, WATER/SEWER, TRASH, INTERNET, OTHER]. Landlord shall be responsible for [LIST LANDLORD-PAID UTILITIES, if any]. Non-payment of utility charges shall constitute a material breach of this Agreement.

11. INSURANCE; RISK ALLOCATION; INDEMNITY

11.1 Tenant’s Insurance. Tenant shall maintain renter’s insurance covering personal property and at least $[LIABILITY LIMIT] in personal liability coverage, naming Landlord as an additional insured.

11.2 Landlord’s Insurance. Landlord shall keep the building insured against loss or damage by fire and other perils typically covered by an “all-risk” property policy.

11.3 Tenant Indemnification. Tenant shall indemnify, defend, and hold harmless Landlord, its agents, and employees from and against all claims, liabilities, and expenses arising out of (a) Tenant’s use or occupancy of the Premises, (b) the acts or omissions of Tenant or those for whom Tenant is legally responsible, or (c) Tenant’s breach of this Agreement, except to the extent caused by Landlord’s gross negligence or willful misconduct.

11.4 Limitation of Liability. Landlord’s liability to Tenant for loss of or damage to Tenant’s personal property, and for any monetary damages (exclusive of personal injury or statutory penalties), shall not exceed the amount of the Security Deposit actually held by Landlord, except where such limitation is prohibited by law.

12. DEFAULT & REMEDIES

12.1 Events of Default. Each of the following shall constitute an “Event of Default”:
(a) Failure to pay rent or Additional Rent within [7] days after written notice;
(b) Material violation of Section 6 (Use), Section 8 (Covenants), or Section 14 (Assignment);
(c) Failure to vacate after notice of termination;
(d) Insolvency or bankruptcy of Tenant.

12.2 Notice & Cure. Except for non-payment of rent (7-day notice per 14 M.R.S.A. § 6002), Landlord shall provide Tenant with a written notice of default and a [10]-day opportunity to cure before seeking eviction.

12.3 Remedies. Upon an Event of Default and failure to cure, Landlord may, subject to Maine Forcible Entry and Detainer procedures (14 M.R.S.A. §§ 6001-6017):
(a) Terminate Tenant’s right of possession;
(b) Seek a writ of possession and recover unpaid rent, damages, and court costs;
(c) Pursue any other remedy available at law or in equity.

12.4 Attorney Fees. The prevailing party in any action arising out of this Agreement shall be entitled to reasonable attorney fees and costs, except as limited by 14 M.R.S.A. § 6001(6-A).

13. CASUALTY; CONDEMNATION; FORCE MAJEURE

13.1 Casualty. If the Premises is rendered uninhabitable by fire or other casualty, rent shall abate from the date of casualty until restoration is substantially complete. Either party may terminate this Agreement if restoration is not commenced within [60] days or cannot reasonably be completed within [180] days.

13.2 Condemnation. If all or a substantial part of the Premises is taken by eminent domain, this Agreement shall terminate as of the date title vests in the condemning authority; rent shall be apportioned accordingly.

13.3 Force Majeure. Neither party shall be liable for failure to perform due to events beyond its reasonable control, including acts of God, war, pandemic, or governmental orders, provided that monetary obligations shall not be excused.

14. ASSIGNMENT & SUBLETTING

Tenant shall not assign this Agreement or sublet any portion of the Premises without Landlord’s prior written consent, which shall not be unreasonably withheld. Any unauthorized assignment or sublease is void and constitutes an Event of Default.

15. COMPLIANCE WITH LAWS; ENTRY & INSPECTION

15.1 Legal Compliance. Each party shall comply with all applicable federal, state, and local laws, ordinances, regulations, and orders.

15.2 Entry by Landlord. Landlord may enter the Premises upon at least 24-hour notice (or immediately in emergencies) to inspect, make repairs, supply services, or show the Premises, as permitted by 14 M.R.S.A. § 6030-A.

15.3 Lead-Based Paint & Radon. If the Premises was built before 1978, Landlord shall provide Tenant with the EPA Lead-Based Paint Disclosure. Landlord shall also provide a radon disclosure per 14 M.R.S.A. § 6030-D.

16. DISPUTE RESOLUTION & GOVERNING LAW

16.1 Governing Law. This Agreement shall be governed by, and construed under, the laws of the State of Maine, without regard to conflict-of-laws rules.

16.2 Forum Selection. Any litigation arising out of or related to this Agreement shall be filed exclusively in the [COUNTY] District Court Housing Division or other court of competent jurisdiction within the State of Maine (the “Chosen Forum”). Each party irrevocably submits to the jurisdiction of the Chosen Forum.

16.3 Arbitration. The parties expressly opt out of arbitration; nothing herein shall be construed as an agreement to arbitrate.

16.4 Jury Trial. To the fullest extent permitted by the Constitution of the State of Maine and the United States, each party knowingly and voluntarily waives the right to trial by jury in any action arising out of this Agreement; provided, however, if such waiver is deemed unenforceable, the matter shall proceed with a jury as provided by law.

16.5 Injunctive Relief. Nothing in this Section 16 shall limit Landlord’s right to seek equitable relief, including but not limited to injunctive or possessory remedies for eviction pursuant to 14 M.R.S.A. §§ 6001-6017.

17. GENERAL PROVISIONS

17.1 Amendments & Waivers. No amendment or waiver shall be effective unless in writing signed by both parties. A waiver on one occasion shall not constitute a waiver on any subsequent occasion.

17.2 Severability. If any provision of this Agreement is determined invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

17.3 Successors & Assigns. This Agreement binds and benefits the parties and their permitted successors and assigns.

17.4 Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the Premises and supersedes all prior negotiations and agreements, whether written or oral.

17.5 Notices. All notices shall be in writing and delivered (a) personally, (b) by certified mail, return-receipt requested, or (c) by nationally recognized overnight courier, to the addresses stated above or such other address as a party may designate. Notices are effective upon receipt or refusal of delivery.

17.6 Electronic Signatures. The parties agree that signatures executed and transmitted electronically (e.g., via PDF or DocuSign) are binding and admissible.

17.7 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument.

18. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.

LANDLORD:

[LANDLORD LEGAL NAME]
By: _____
Name: ____
Title: _____
Date: ____

TENANT:

[TENANT LEGAL NAME]
Signature: ____
Date: ________

[OPTIONAL NOTARY ACKNOWLEDGMENT – consult local recording requirements.]

[// GUIDANCE:
1. Review and customize bracketed placeholders.
2. Attach required state/federal disclosures (lead-based paint, radon, bedbug inspection, if applicable).
3. Verify that amounts and notice periods align with current Maine statutes and local ordinances.
4. Keep a signed copy for at least the retention period mandated by 14 M.R.S.A. § 6037.]