An Act To Provide a Remedy to Property Owners When a Tenant Defaults on a Lease
Maine Legislature, Session 125, LD 1006
Committee: Veterans and Legal Affairs
Sponsors: MOULTON, JOHNSON, PICCHIOTTI
Amends: 14 MRSA §6002-A

Legislative Document 
No. 1006 
H.P. 742 
House of Representatives, March 10, 2011 
An Act To Provide a Remedy to Property Owners When a Tenant 
Defaults on a Lease 
(EMERGENCY) 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MOULTON of York. 
Cosponsored by Representatives: JOHNSON of Greenville, PICCHIOTTI of Fairfield. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, currently there are many residential leases in Maine that do not contain a 
remedy for failure of the tenant to pay rent; and 
Whereas, case law has held that the only remedy available to landlords in such 
cases is forcible entry and detainer, an action that requires involvement by the courts; and 
Whereas, current law allows tenancies at will to be terminated without resorting to 
court action by providing sufficient notice; and 
Whereas, this legislation will reduce courts' dockets, which are currently 
overburdened; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6002-A is enacted to read: 
§6002-A.  Lease without termination language 
If a landlord and tenant are parties to a rental agreement that does not contain 
termination, default or forfeiture language, the landlord may terminate the tenancy in 
accordance with section 6002, subsections 1 and 2. After a landlord has provided notice 
and service as provided in section 6002, including language advising the tenant that the 
tenant has the right to contest the termination in court, the landlord may commence a 
forcible entry and detainer action as provided in section 6001. 
Sec. 2.  Application.  That section of this Act that enacts the Maine Revised 
Statutes, Title 14, section 6002-A applies to residential leases in effect on or after the 
effective date of this Act that do not contain termination, default or forfeiture language. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
In Rubin v. Josephson, 478 A.2d 665 (Me. 1984), the Supreme Judicial Court held 
that, when a residential lease does not contain termination language, the landlord may not 
use the tenancy at will provisions of state law to terminate the lease.  In those cases, the 
only remedy available to a landlord when there is nonpayment of rent by the tenant is the 
use of a forcible entry and detainer action. 
In response to that case, this bill allows a landlord, after providing notice and service, 
and with cause, as provided in the tenancy at will statute, to terminate a lease that does 
not contain termination, default or forfeiture language.