An Act To Amend the Landlord-tenant Laws
Maine Legislature, Session 123, LD 0383
Committee: Legal and Veterans Affairs
Sponsors: COURTNEY
Amends: 14 MRSA §6002, 17-A MRSA §808

Legislative Document 
No. 383 
S.P.130 
January 26, 2007 
An Act To Amend the Landlord-tenant Laws 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator COURTNEY of York. 
Print~d nn rec~dt.'J paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRS A §6002, first ~, as amended by PL 2003, c. 296, § 1, is further 
amended to read: 
Tenancies at will must be terminated by either party by a minimum of W 11 days' 
notice, except as provided in subseetion subsections 1 and I-A, in writing for that purpose 
given to the other party, but if the landlord or the landlord's agent has made at least 3 
good faith efforts to serve the tenant, that service may be accomplished by both mailing 
the notice by first class mail to the tenant's last known address and by leaving the notice 
at the tenant's last and usual place of abode. In cases when the tenant has paid rent 
through the date when a ~ 
14-day notice would expire, the notice must expire on or 
after the date through which the rent has been paid. Either party may waive in writing the 
W 11 days' notice at the time the notice is given, and at no other time prior to the giving 
of the notice. A tennination based on a ~ 
14-day notice is not affected by the 
receipt of money, whether previously owed or for current use and occupation, until the 
date a writ of possession is issued against the tenant during the period of actual 
occupancy after receipt of the notice. When the tenancy is tenninated, the tenant is liable 
to the process of forcible entry and detainer without further notice and without proof of 
any relation of landlord and tenant unless the tenant has paid, after service of the notice, 
rent that accrued after the termination of the tenancy. These provisions apply to tenancies 
of buildings erected on land of another party. Termination of the tenancy is deemed to 
occur at the expiration of the time fixed in the notice. 
Sec. 2. 14 MRS A §6002, sub-§I-A is enacted to read: 
I-A. Optional expedited procedure. Notwithstanding any other provision of this 
subchapter, this subsection sets out optional expedited procedures for tenninations of 
tenancy under this section. 
A. When 7-day notice is given under subsection 1 for causing substantial damage to 
the demised premises or for being 7 days or more in arrears in the payment of rent, at 
the expiration of the notice period the landlord may file with the court for a writ of 
possession. 
(1) With regard to a tennination for being 7 days or more in arrears in the 
payment of rent, the writ of possession under this paragraph must be issued by 
the court within one work day of the filing date unless the tenant applies to the 
court for a hearing, based on a good cause defense, and pays to the court in 
escrow for the landlord the full amount of the overdue rent and any associated 
fees paid by the landlord. After receiving the application for a hearing from the 
tenant and payment by the tenant of all amounts owed under this paragraph, the 
court shall schedule a hearing within 10 days and forward the amounts paid by 
the tenant to the landlord. 
(2) 
With regard to a termination for substantial damages to the demised 
premises, the writ of possession under this paragraph must be issued by the court 
and may be relied upon by the landlord to execute the writ of possession. 
B. 
A tenant who maintains that a landlord has proceeded under this subsection 
without just cause may maintain a separate civil suit against the landlord. 
Sec. 3. 14 MRS A §6002, sub-§4 is enacted to read: 
4. Procedure after 14-day notice. When 14-day notice for termination of tenancy 
is given under this section, at the expiration of the notice period the landlord may file 
with the court for a writ of possession. The tenant may apply for a hearing for good 
cause. 
After receiving the application for a hearing from the tenant. the court shall 
schedule a hearing within 10 days. 
Sec. 4. 14 MRSA §6002, sub-§5 is enacted to read: 
5. Filing fee. The filing fee for a forcible entry and detainer action under this sc_ction 
may not exceed $10. 
Sec. 5. 17-A MRSA §808 is enacted to read: 
§808. Substantial damage to rental property 
1. 
A person is guilty of substantial damage to rental property if that p~!:~n 
intentionally, knowingly or recklessly causes substantial damage to rental prope!1LQ)' 
another person, and that person has no reasonable ground to believe that the person has_,! 
right to do so. 
2. Substantial damage to rental property is a Class D crime. 
SUMMARY 
This bill provides for expedited landlord-tenant forcible entry and detainer 
proceedings in certain situations. 
Causing substantial damage to rental property is 
designated a Class 0 crime in this bill. 
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