Eviction Law in Portland, ME
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how Portland, Maine eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent Portland, ME tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
Maine Statutes affirm that tenants in Portland have a grace period of 15 days past the due date. If this time passes a landlord can begin assessing penalties, but these penalties cannot exceed 4% of a month’s rent.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legal contracts, meaning both parties are bound by their terms. If a tenant violates the terms outlined in the lease, it can serve as grounds for eviction. For example, if the lease specifically states that no additional individuals are allowed to live in the unit and the tenant violates this clause, you can begin the eviction process.
However, a lease agreement is equally binding on the landlord. This means that, as a landlord in , you must fulfill your obligations under the lease, such as making necessary repairs and ensuring the property is properly maintained. Failure to meet these responsibilities could lead to disputes and legal complications.
The Tenant Damages the Property
One common reason for eviction is property damage. While minor wear and tear are expected, intentional destruction or negligence that causes severe damage is not. For example, if a tenant breaks through walls, smashes windows, or severely damages the property in other ways, these actions could justify eviction.
On the other hand, if a tenant performs minor repairs themselves or causes damage that does not significantly affect the property, eviction may not be warranted. As a landlord, it’s important to assess the severity of the damage and decide if it truly constitutes a breach of the lease terms.
The Tenant Uses the Property for Illegal Purposes
Another situation that may warrant eviction is when a tenant uses the property for illegal activities. If the tenant is engaging in illegal behavior such as selling drugs, trafficking weapons, or conducting other criminal activities, this can be grounds for immediate eviction. Additionally, these actions may expose the tenant to criminal charges.
To pursue eviction for illegal activity, it is crucial to provide evidence of the violation. If law enforcement has responded to incidents on the property, obtaining police reports can strengthen your case. This documentation will be helpful in both the eviction process and any related criminal proceedings against the tenant.
How to Evict a Tenant in Portland, Maine
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified Portland, ME attorney can help review your case to determine if you do.
The Maine Department of Housing and Urban Development offers comprehensive information so that you know both your rights and responsibilities as a tenant in Portland. A rental unit has to be safe and livable for the tenant, free from pests, mold, or lead paint, with drinkable water and heat during the winter months. Tenants are also entitled to smoke and carbon monoxide detectors, which the landlord is required to provide and check periodically.
Step 2. Give a Formal Notice of Eviction
If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.
The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.
According to Maine Property Management, a Portland landlord must first give a tenant notice of eviction before filing with the court. However, a notice of eviction does not mean a tenant must vacate. After court proceedings, if the court sides with the landlord they will issue a writ of possession. Once this writ is filed with the Cumberland County Sheriff’s Office, the sheriff will deliver the court order to evict. A tenant must then vacate the premises.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlord/Tenant disputes in Portland are generally handled by the Portland District Court.
Step 4. Contact an Experienced Portland, Maine Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact Portland, ME law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in Portland, Maine
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified Portland attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Maine state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
