An Act To Protect Landlords When Tenants Fail To Pay Utility Bills
Maine Legislature, Session 126, LD 0215
Committee: Veterans and Legal Affairs
Sponsors: MALABY, CUSHING, DUNPHY, LIBBY, LOCKMAN, MAKER, POULIOT, TURNER, WEAVER
Amends: 14 MRSA §6002, 35-A MRSA §704

Legislative Document 
No. 215 
H.P. 176 
House of Representatives, February 5, 2013 
An Act To Protect Landlords When Tenants Fail To Pay Utility 
Bills 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MALABY of Hancock. 
Cosponsored by Senator CUSHING of Penobscot and 
Representatives: DUNPHY of Embden, LIBBY of Waterboro, LOCKMAN of Amherst, 
MacDONALD of Old Orchard Beach, MAKER of Calais, POULIOT of Augusta, TURNER of 
Burlington, WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6002, sub-§1, ¶¶B and C, as enacted by PL 2009, c. 171, 
§2, are amended to read: 
B.  The tenant, the tenant's family or an invitee of the tenant 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 
C.  The tenant is 7 days or more in arrears in the payment of rent.; or 
Sec. 2.  14 MRSA §6002, sub-§1, ¶D is enacted to read: 
D.  The tenant's failure to pay utility bills has resulted in the disconnection of utility 
service. 
Sec. 3.  35-A MRSA §704, sub-§1-A is enacted to read: 
1-A.  Property protection agreement.  A landlord may enter into a property 
protection agreement with a utility serving leased or rented property owned by the 
landlord to protect the leased or rented property from damage or danger if the tenant fails 
to pay the utility bill and the utility is authorized to terminate or disconnect service to the 
property.  The property protection agreement must provide that: 
A.  The landlord must pay a deposit to the utility to cover the costs of property 
protection authorized under this section; 
B.  The utility must notify the landlord if the property is subject to termination or 
disconnection of service due to the failure of the tenant to pay utility bills; 
C.  If approved by the landlord, the utility may apply the deposit to cover the costs of 
notice to the landlord and of continuation of utility service to the property if the 
property is subject to termination or disconnection of service due to the failure of the 
tenant to pay utility bills; and 
D.  The landlord may request that the utility bill subsequent utility service to the 
landlord. 
The landlord may recover from the tenant any amount paid from the utility deposit 
applied to protect the landlord’s property under paragraph C and, if the rental agreement 
required the tenant to pay for utility service, any amount paid by the landlord for 
subsequent utility service under paragraph D. 
SUMMARY 
This bill provides that a landlord may pay a deposit to a utility to protect the 
landlord’s property from the termination or disconnection of utility service due to 
nonpayment of utility bills by a tenant.  The deposit may be used to continue service and 
the landlord is authorized to recover costs from the tenant.  The bill also provides that a 
tenancy may be terminated upon 7 days' written notice if the landlord can show that the 
tenant's failure to pay utility bills has resulted in the disconnection of utility service.