Posted in Blog  
  on Aug 18, 2015

What is the Eviction Process in Maine

The eviction process in Maine can be completed fairly quickly, especially when dealing with the non-payment of rent. Evictions can only happen with appropriate notice and court order, so it is important to follow these specific steps when dealing with a problematic tenant.

1. Serve The Tenant With a Proper Notice.

Maine allows for a 7 day notice and a 30 day notice to be served to tenants. The 7 day notice is reserved for major breaches of a rental agreement, including the failure to pay rent on time. The 30 day notice is used for any reason that fits within the state's laws. If the 30 day notice is being used to remove a month-to-month tenant, it must be served within 7 days of the original term or a 30 day extension is automatically granted. No notice is required if a lease has expired without a renewal, but court action is still required to remove a tenant that does not want to leave.

2. There Must Be a Good Faith Effort To Serve This Notice In Person.

Landlords may serve the required notice in person, but there must be 3 good faith attempts documented. For this reason, it may be prudent to utilize a third-party process server for this step. If the tenant cannot be served in person, then the notice may be mailed with a second copy posted in a prominent position.

3. A Summons And Complaint Must Be Filed.

Landlords must petition the court for the removal of a tenant. Once the complaint is filed, the sheriff's office will deliver the summons to the tenant at least 7 days before the hearing regarding the eviction.

4. The Hearing Is Mandatory.

If either party does not attend the hearing, then a default judgment will be issued for the party that does arrive. If the landlord prevails, then a Writ of Possession can be requested to have the sheriff's office remove tenants by force if necessary. If the tenant prevails, then the eviction process must start over.

5. Mediation Can Be Requested.

All landlord/tenant mediation happens at the local courthouse. Tenants have the right to request meditation through the court clerk. Appeals must happen before the Writ of Possession is issued or within 30 days of the judgment, whichever occurs first. An appeal requires a tenant to place any rent that is owed into an escrow account. By following these steps which outline the eviction process in Maine, landlords can restore their property in a month or less in many instances.


Most Important Landlord Tenant Laws in Texas

When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More

The Landlord Tenant Board: What it is and When it is Needed

Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More

The Landlord Tenant Laws in California

The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More

How to Write an Eviction Notice

When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More

Understanding the Landlord Tenant Laws in Illinois

People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More

How to Create a Residential Lease Agreement

Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More

The Best Sites for Rental and Lease Agreement Templates

Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More

The Landlord Tenant Act: What Landlords Need to Know

All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More

What is the Eviction Process for a Landlord

When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More

The Best Landlord Associations for Landlords to Join

If you’re a landlord and want to manage your business in a better way, you should endeavor to get in touch with those industry experts who have the experience and the skills to help you do it. This is... More