An Act To Amend the Forcible Entry and Detainer Laws . ,
Maine Legislature, Session 124, LD 0835
Committee: Legal and Veterans Affairs
Sponsors: CLEARY, BEAUDETTE, DILL, EATON, HILL, PILON, PINGREE, HASTINGS
Amends: 14 MRSA §6002, 14 MRSA §6003

FIRST REGULAR SESSIuN-2009 
Legislative Document 
No. 835 
H.P.571 
House of Representatives, March 3, 2009 
An Act To Amend the Forcible Entry and Detainer Laws 
. 
, 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative CLEARY of Houlton. 
;r;~ 
1n.1Jlt1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BEAUDETTE of Biddeford, DILL of Cape Elizabeth, 
EATON of Sullivan, HILL of York, PILON of Sa co, Speaker PINGREE of North Haven, 
Senator: HASTINGS of Oxford . 
Plintcd on recycled p<apcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6002, first 'ii, 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 30 days' 
5. 
notice, except as provided in subsection 1, 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 tht! tenant, that service may be accomplished by both mailing the notice by first 
·8 
class mail to the tenant's last !mown 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 
30.;.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 30 days' notice at the time the 
notice is given, and at no other time Prior to the giving of the notice. A termination based 
on a 30-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 terminated, the tenant is liable to the process of forcible entry and detainer 
. 17 
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. A 30-day notice under this paragraph and a 7-day notice under subsection 1 
may be combined in one notice to the tenant. 
Sec. 2. 14 MRSA §6002, sub-§l, as amended by PL 1999, c. 248, §1, is further 
8.!llended ~o read: 
1. Causes for 7-day notice of termination of tenancy. Notwithstanding any other 
provisions of this chapter, in the event that the landlord can show, by affirmative proof, 
that the tenant, the tenant's family or an invitee of the tenant has caused substantial 
damage to the demised premises that the tenant has not repaired or caused to be repaired 
before the giving of the notice provided in this subsection, has caused or permitted a. 
nuisance within the premises, has caused or permitted an invitee to cause the dwelling 
unit to become unfit for human habitation or has violated or permitted a: violation of the 
law regarding the tenancy, or when the tenant is 7 days or more in arrears in the payment 
of rent, the tenancy may be terminated by the landlord by 7 days' notice in writing for that 
purpose given to the tenant, and in the event that the landlord or the landlord's agent has 
made at least 3 good faith efforts to serve the tenant, that service maybe accomplished by 
both mailing the notice by first class mail to the tenant's last !mown address and by 
leaving the notice at the tenant's last and usual place of abode. If a tenant, who is 7 days 
·or more ill arrears in the payment of rent, pays the full amount of rent due before the 
expiration of the 7-day notice in writing, that notice is void. Thereafter, in all residential 
tenancies at will, if the tenant pays all rental arrears, all rent due as ofthe date of payment 
and any filing fees and serVice of process fees actually expended by the landlord before 
the issuance of the writ of possession as provided by section 6005, then the tenancy must 
be reinstated and no writ of possession may issue. Payment or written assurance of 
payment through the general assistance program, as authorized by the State Or a 
) 
) 
) 
n 
I 
.... 
! 
( 
\,~/ 
municipality pursuant to Title 22, chapter 1161, has the same ,effect as payment in cash. A 
landlord may amend in writing or orally before the court a 7 -day notice under this 
subsection. 
. 
Sec. 3. 14 MRSA §6003, 2nd~, as amended by PL 1997, c. 151, §1, is further 
amended to read: 
. 
The court shall schedule and hold the hearing as soon as practicable, but no later than 
days after the return day except that the court may grant a continuance for good cause 
. shown. 
Any defendant requesting a recorded hearing shall file a written answer 
enumerating alllmown defenses on or before the return day. 
SUMMARY 
This bill allows a landlord in a forcible entry and detainer matter to amend orally or 
in writing a 7-day notice of termination of tenancy to a tenant and allows a landlord to 
combine a 7-day notice and a 3D-day notice of termination of tenancy in one notice. This 
bill also requires a tenant to answer a forcible entry and detainer complaint in writing if 
the tenant wants a hearing on the matter.