Outline of the Eviction Process in Maine

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct).
  • End of lease term (fixed-term or tenancy-at-will).
  • No-fault eviction (e.g., landlord wants to sell, occupy, or convert property).
• Law: 14 M.R.S. § 6001–6005 (Maine Landlord and Tenant Statutes).

2. Notice to Quit

• Written notice served:
  • Non-payment: 7-day notice to pay or vacate.
  • Lease violation: 7-day notice to cure (if curable) or vacate.
  • Tenancy-at-will: 30-day notice (45 days for specific no-fault reasons, e.g., sale).
  • No-fault/end of lease: 30-day (month-to-month) or 45-day (e.g., owner occupancy).
  • Illegal activity: 7-day notice (no cure).
• Delivery: Hand-delivered, certified mail, or posted with mailed copy.
• Tenant can cure by paying rent (within 7 days) or fixing violation (within 7 days, if curable).

3. Filing the Eviction Case

• File Forcible Entry and Detainer (FED) in District Court.
• Documents: Complaint, Notice to Quit, lease, proof of service.
• Fee: ~$70–$150 (varies by court).
• Timing: After notice period expires.

4. Serving the Summons and Complaint

• Sheriff or constable serves papers 7 days before hearing.
• Includes hearing date and answer deadline (within 7 days).
• Tenant must file answer to contest eviction.

5. Court Hearing

• Held 7–14 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 7 days.
• Writ issued: ~7–10 days post-judgment; sheriff serves 48-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (28 days).
• Tenant can reclaim property by paying storage costs.
• Law: 14 M.R.S. § 6008.

8. Tenant Protections

• Rights:
  • Cure violations, habitability defenses, anti-retaliation protections.
• Resources:
  • maine.gov.

Notes

• Disclaimer: General guide; consult a lawyer.
• Sources: 14 M.R.S. § 6001–6008; courts.maine.gov