Fillable Printable Maine Model Landlord-Tenant Lease
Fillable Printable Maine Model Landlord-Tenant Lease
Maine Model Landlord-Tenant Lease
Last Revised 06/06/04
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ATTORNEY GENERAL’S
MODEL LANDLORD-TENANT
LEASE
§ 1 6 . 1 .
Introduction
This chapter consists of a model Landlord-Tenant lease for residential leases. It contains the
following sections:
§ 1 6 . 2 .
The Attorney General’s Model
Residential Lease
§ 1 6 . 3 .
A Guide to the Attorney General’s
Residential Lease
§ 1 6 . 2 .
The Attorney General’s Model
Residential Lease
In 1989 the Maine Legislature authorized the Attorney General to write and distribute this model
lease. You may copy it and use it as your residential lease. If you like, you can print out additional
copies of this lease by visiting the Attorney General’s web site at www.maine.gov/ag/?r=clg or by
writing to:
Office of the Attorney General
Consumer Protection Division
Consumer Information & Mediation Service
6 State House Station
Augusta, Maine 04333-0006
As of September 6, 1996, the federal government requires all owners and managers of most pre-
1978 housing to make specific disclosures to their tenants concerning the dangers of lead-based paint.
This model lease includes a separate warning notice and brochure that Maine landlords can use to
satisfy this important federal law.
Maine Residential Lease
This model lease was developed by the Maine Attorney General to provide both landlords and
tenants with a lease that is both reasonable and understandable. Some lease sections allow you to write
in additional information. For these sections if you have no additions write in “None” or “N.A.” (for
“Not Applicable”). Both parties should read this lease carefully and agree with all provisions before
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signing it. If there are provisions you want changed or added, cross out or write in. Then both parties
should initial the changes. Finally, each party should receive a copy of the signed lease.
Following this model lease is a copy of both the federal lead paint hazard notice and the
information brochure that must be distributed to all tenants. This covers tenants in both subsidized and
unsubsidized housing and tenants with written or oral agreements to lease, rent, or sublease. The
landlord must distribute this lead-based paint hazard notice and EPA brochure before a tenant is
obligated under a lease or lease renewal. The following housing is exempt from this requirement:
A. Housing projects built after 1977;
B. Housing for the elderly (one or more persons 62 years of age at the time of initial occupancy)
or disabled, unless any child who is less than 6 years of age is expected to reside in the
housing;
C. Any 0-bedroom dwelling, including efficiencies, studio apartments, dormitory housing,
military housing and rentals of individual rooms in residential dwellings;
D. Transactions involving leasing agreements of 100 days or less where no lease renewal or
extension can occur, e.g., vacation rentals, hotels;
E. Housing that has been certified by a licensed inspector to be “lead-based paint free”, that is,
free of paint or other surface coatings that contain lead with levels equal to or greater than 1.0
milligrams per square centimeter or 0.5 percent by weight;
F. Housing for sale at foreclosure;
G. Renewals of existing leases in which the owner has previously disclosed all information
required and where no new information has come into possession of the owner. Renewals
include the renegotiations of existing lease terms and/or signing a new lease.
The Attorney General does not guarantee that this model lease accurately reflects current Maine or
federal housing laws. If you would like additional information on landlord and tenant rights and
obligations write to:
Office of the Attorney General
Consumer Protection Division
Consumer Information & Mediation Service
6 State House Station
Augusta, Maine 04333-0006
Phone: 207-626-8849; 1-800-436-2131 (Maine only)
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1. PARTIES TO THIS LEASE
The parties to the lease are:
LANDLORD TENANT
Name ________________________________ Name _________________________________
Address ______________________________ Address _______________________________
_____________________________________ ______________________________________
Telephone ____________________________ Telephone _____________________________
Name _________________________________
Address _______________________________
______________________________________
Telephone______________________________
2. MANAGING AGENT
If the landlord employs an agent to manage this residence, the agent is:
Name ________________________________________________________________________
Address ______________________________________________________________________
_____________________________________________________________________________
Telephone ____________________________________________________________________
3. RESIDENCE LOCATION
This residence is a house _____, apartment _____, mobile home _____ (check one).
It is located at:
_____________________________________________________________________________
______________________________________________________ ME (Zip): ______________
Floor:_______ Apartment number:________
4. LENGTH OF LEASE
A. Initial Rental Period. The landlord will rent this residence to the tenant for __________
months. This term shall begin on the ____ day of _______________________ 20____, at
noon.
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B. Extended Stay. If the tenant has not moved out of the residence by 12 noon on the day the
lease ends and has not signed with the landlord a new lease, then this lease becomes a
continuing “tenancy at will” and the tenant will rent from month-to-month. All terms of
this lease will remain in effect, except for terms that are in conflict with a State law
regulating a tenancy at will. Either party can stop this month-to-month tenancy by giving to
the other party at least 30-days written notice. This notice must expire on or after the date
through which rent has been paid. The first month’s rent of this Extended Stay lease is due
on the day after the Initial Rental Period (paragraph A) ends.
C. No Extended Stay. The landlord can refuse to allow the tenant to become a month-to-month
tenant at the end of the lease. To do so he must so inform the tenant at least 30 days before
the end of the initial Rental Period (paragraph A). The tenant must then leave the residence
no later than the last day of the Initial Rental Period.
5. RENT PAYMENTS
A. Rental Amount. The rent for this residence is $ ___________ a month. The tenant shall pay
the rent for each month on the _________ day of that month. If there are charges in addition
to this rent they are listed below in paragraph C.
B. Paying the Rent. The rent should be paid to:___________________________________. The
landlord can assess a penalty of ____________% (up to 4%) of the monthly rent once
payment is 15 or more days late.
C. Additional Charges. In addition to the monthly rent, the tenant also agrees to pay the
landlord the following charges (describe the reason for the charge, the amount, and when it
should be paid):
6. SECURITY DEPOSIT
A. Amount of Security Deposit. The tenant has paid the landlord $ _______________ as a
Security Deposit. The Security Deposit is in addition to rental payments and should not be
substituted by the tenant for unpaid rent. The landlord will hold the Security Deposit until
the end of the residency. The Security Deposit remains the tenant’s money. The landlord will
keep the Security Deposit separate from the landlord’s own money. The landlord will not
require a Security Deposit of more than two months rent.
B. Return of the Security Deposit. This Security Deposit may be used by the landlord after the
tenancy has ended to repair damage to the residence and for the actual costs of unpaid rent,
storing and disposing of unclaimed property, or utility charges the tenant owes to the
landlord. The Security Deposit cannot be used to pay for routine cleaning or painting made
necessary by normal wear and tear. The landlord will return the entire Security Deposit to
the tenant at the end of the lease if the following conditions are met:
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(1) The apartment is in good condition except for (a) normal wear and tear or (b) damage
not caused by the tenant, the tenant’s family, invitees or guests;
(2) The tenant does not owe any rent or utility charges which the tenant was required to
pay directly to the landlord; and
(3) The tenant has not caused the landlord expenses for storage and disposing of unclaimed
property.
If the landlord deducts money from the tenant’s Security Deposit, the landlord will provide the
tenant a list of the items for which the tenant is being charged and return to the tenant the balance of
the Security Deposit.
The landlord will return the Security Deposit, or the remaining balance, to the tenant no more
than thirty (30) days after the tenancy ends.
7. MOVING IN
If the residence is not ready to move into on the day the rental period begins (see Section 4,
“LENGTH OF LEASE”), the tenant may cancel the lease and receive a full refund. If the tenant
chooses to wait until the residence is ready, then the rental period will begin with the first day the
tenant moves in and the first month’s rent payments will be proportionately reduced.
8. SERVICES PROVIDED BY THE LANDLORD
Utilities and services shall be paid by the parties as follows (check one):
UTILITIES / SERVICES LANDLORD TENANT
Electricity
Heating Oil
Natural Gas
Sewerage
Trash Removal
Yard Maintenance
Snow Removal
Air Conditioning
Hot Water
Cold Water
Telephone
Cable Television
The landlord will also provide the following services:
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9. TENANT RESIDENTIAL RESPONSIBILITIES
A. Use Only as a Residence. The tenant agrees that the residence will be used only as a
residence, except for incidental use in trade or business (such as telephone solicitation of
sales or arts and crafts created for profit). Such incidental uses will be allowed as long as
they do not violate local zoning laws or affect the landlord’s ability to obtain fire or liability
insurance. The total number of persons residing in this residence cannot exceed _______.
B. Damage. The tenant agrees not to damage the apartment, the building, the grounds or the
common areas or to interfere with the rights of other tenants to live in their apartments in
peace and quiet. Damage (other than normal wear and tear) caused by the tenant, the
tenant’s family, invitees or guests shall be repaired by the tenant at the tenant’s expense.
Upon the tenant’s failure to make such repairs the landlord, after reasonable written notice
to the tenant, may make the repairs and the tenant shall be responsible to the landlord for
their reasonable cost.
C. Alterations. No alteration, addition or improvement to the residence shall be made by the
tenant without the prior written consent by the landlord.
10. LANDLORD RESIDENTIAL RESPONSIBILITIES
A. Legal Use Of The Residence. The landlord agrees not to interfere with the tenant’s legal use
of the residence.
B. Residence Must Be Fit To Live In. The landlord promises that the residence: (1) complies
with applicable housing codes; (2) is fit to live in; and (3) is not dangerous to the life, health
or safety of the occupants. The landlord agrees to make all necessary repairs and take all
necessary action to keep the residence fit to live in and to meet all applicable housing code
requirements. The landlord is not responsible for this promise if the residence becomes
unfit to live in due to the tenant’s misconduct or the misconduct of the tenant’s family,
invitees, or guests. Prior to the tenant entering into this lease, the landlord agrees to provide
the tenant with both the federal lead-based paint hazard notice and brochure, unless the
housing is specifically exempt from this requirement.
C.
Tenant’s Rights If The Landlord Fails To Provide Services
(1) Unsafe conditions. If there are conditions in the residence that threaten health or
safety, state law allows the tenant to withhold rent and to use it to make minor repairs
to the unsafe conditions or to purchase fuel oil during the heating season. Except in an
emergency, before withholding rent the tenant must first provide 14 days prior written
notice to the landlord and meet other Maine statutory requirements. The tenant cannot
withhold more than $250 or one half of the monthly rent, whichever is the greater.
This state law does not apply if the residence is in a building of 5 or less residences,
one of which is occupied by the landlord.
(2) Failure to provide utilities. If the landlord fails to provide electric, gas, water or
telephone utilities as agreed to in Section 8 of this lease, State law allows the tenant to
pay for these utilities and deduct the amount paid from the rent due.
(3) Unlivable conditions. If, through no fault of the tenant, the residence is so damaged
that it cannot be lived in and because of the damage the tenant moves out, the tenant
will not be liable for rent from the day of the damage and may cancel the lease on 3
days notice.
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11. LANDLORD ENTRY INTO THE RESIDENCE
Except for emergencies, the landlord may enter the apartment only during reasonable hours and
after obtaining the tenant’s consent at least 24 hours in advance. The tenant may not unreasonably
withhold consent to the landlord to enter the residence.
12. BUILDING RULES
The tenant agrees to obey all building rules describing tenant conduct and responsibilities. A
written copy of these rules shall be given to the tenant when the tenant signs this lease. The landlord
may make reasonable additions or changes to these rules, upon adequate notice to the tenant.
13. DISTURBING THE PEACE
The tenant agrees not to cause or allow on the premises any excessive nuisance, noise or other
activity which disturbs the peace and quiet of neighbors or other tenants in the building or violates
any state law or local ordinance. The landlord agrees to prevent other tenants and other persons in the
building or common areas from similarly disturbing the tenant’s peace and quiet.
14. EVICTION FOR VIOLATIONS OF LEASE
A. Notice of Violation. Serious or repeated violations of the terms of this lease can result in
termination of the lease and eviction of the tenant. Except for failure to pay rent (see
Paragraph B) or dangerous actions by a tenant (see paragraph C), if the tenant does not live
up to the terms of this lease the following will occur:
(1) The landlord will deliver to the tenant a written notice describing the violation and
demanding that the tenant cease the lease violation within 10 days of delivery of the
notice.
(2) If the tenant does not comply within that 10-day period, the landlord will deliver to the
tenant a second written notice that the lease will end within 30 days. On that day, the
lease term automatically terminates and the tenant will leave the residence and return
the keys to the landlord.
B. Eviction for Failure to Pay Rent. If the tenant is 14 days or more late in paying the rent the
landlord may send a notice that states that the lease will end in 7 days, unless the tenant
pays all overdue rent or late charges before that 7 day period ends. If the tenant fails to pay
the rent, the lease term automatically terminates and the tenant will leave the residence and
return the keys to the landlord.
C. Eviction For Dangerous Acts. If the tenant’s actions pose an immediate threat to the health
or safety of other residents or the landlord or the landlord’s employees, or to the physical
structure of the residence, then the lease can be immediately terminated, without prior
warning.
D. Notice of Termination. The landlord must notify the tenant in writing when the lease is
terminated. This notice must:
(1) State the reasons for termination with enough specificity to allow the tenant to prepare
a defense;
(2) Advise the tenant that if a judicial proceeding for eviction is commenced, the tenant
has the right to present a defense in that proceeding; and
(3) Be served on the tenant by sending a prepaid first class properly addressed letter
(return receipt requested) to the tenant at the residence or by delivering a copy of the
notice to the residence.
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E. Forcible Eviction. The landlord will not physically force the tenant out by removing the
tenant’s possessions or by changing the lock on the tenant’s door or by any other method.
The tenant can be forcibly removed from the residence only by a law enforcement officer
after a Maine Court has ordered eviction. The tenant will be given prior notice of the court
eviction hearing and will have a chance to testify. Only after this hearing can the court order
the tenant’s forcible eviction.
15. NOTIFYING THE LANDLORD OR TENANT
A. Notices to the tenant. Unless otherwise required in this lease or by law, any notice from the
landlord to the tenant will be valid only if:
(1) it is in writing; and
(2) it is addressed to the tenant at the residence and personally delivered to the tenant’s
residence or sent by mail. The effective date of a notice will be the day it is
personally delivered to the residence or, if it is mailed, two days after the date it is
postmarked.
B. Notices to the landlord. Unless otherwise required in this lease or by law, the tenant will
give all required notices to the landlord in writing, delivered personally or sent by mail to
the landlord or, if appropriate, to the landlord’s managing agent at the address given in this
lease. The effective date of a notice will be the day it is personally delivered to the
residence or, if it is mailed, two days after the date it is postmarked.
16. ABANDONED PROPERTY
The landlord shall dispose of all abandoned property in compliance with the provisions of the
Maine abandoned property statutes
.
17. SUBLEASING
The tenant agrees not to sublease or assign this residence without the prior written consent of the
landlord. Consent will not be withheld except for good reason.
18. OCCUPANTS
The residents listed below shall be the sole occupants of the leased premises:
19. PETS
The tenant may______may not______ (check one) maintain pets in the residence. If the tenant is
allowed to have pets, only the following pets may live in the residence:
20. CONDITION OF RESIDENCE AT THE TIME LEASE IS SIGNED
Prior to signing this lease the landlord and the tenant did_____ did not_____ (check one)
inspect together the residence. If they did inspect the residence, their findings were as follows:
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A.
Residence defects. The following substantial defects were observed:
B. Landlord work or repairs. The following work or repairs to be done by the landlord were
agreed upon:
C. Tenant work or repairs. The following work or repairs to be done by the tenant were
agreed upon (indicate whether tenant or landlord is responsible for the expense):
D. Conditions that will remain unchanged. The following residential conditions were agreed
would remain unchanged:
21. WHEN THE LEASE ENDS
When the lease ends, the tenant agrees to return the residence in the same condition as it was at
the start of the lease, except for normal wear and tear and except for those inspection items which were
noted in Section 20 of this lease and not repaired. The tenant will have to pay for damage to the
residence only if the damage was caused by the tenant or the tenant’s family, invitees or guests. The
tenant must return the keys to the residence or else the tenant can be considered a “hold-over” tenant
and still obligated to pay monthly rent.
22. OTHER AGREEMENTS
The landlord and the tenant also agree to the following:
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23. CONFLICT WITH STATE LAW
If any provision of this lease conflicts with state law, then state law shall take precedence.
24. SIGNATURES
The tenant and landlord have each received identical copies of the lease, each copy signed and
dated by both landlord and tenant.
(date) (tenant)
(date) (tenant)
(date) (landlord)
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DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND/OR
LEAD-BASED PAINT HAZARDS AND THE EPA BROCHURE ON
HOW TO PROTECT YOUR FAMILY FROM LEAD IN YOUR HOME
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and
dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young
children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence
of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive
a federally approved pamphlet on lead poisoning prevention.
Landlord’s Disclosure
A. Presence of lead-based paint and/or lead-based paint hazards (Check (1) or (2) below):
(1) ______ Known lead-based paint and/or lead-based paint hazards are present in this
housing (explain).
(2) ______ Landlord has no knowledge of lead-based paint and/or lead-based paint
hazards in the housing.
________________________
(date)
______________________________________________
(landlord)
B. Records and reports available to the landlord (Check (1) or (2) below):
(1) _____ Landlord has provided the tenant with all available records and reports
pertaining to lead-based paint and/or lead-based paint hazards in the housing (list
documents below).
(2) ____ Landlord has no records and reports pertaining to lead-based paint and/or lead-
based paint hazards in the housing.
________________________
(date)
_____________________________________________
(landlord)
