An Act Clarifying the Removal Process of Individuals from Certain Facilities Not Governed By Title 14 of the Maine Revised Statutes
Maine Legislature, Session 130, LD 0681
Committee: Judiciary
Sponsors: LIBBY
Amends: 30-A MRSA §3801, 30-A MRSA §3803, 30-A MRSA §3821

Legislative Document
No. 681
S.P. 268
In Senate, March 4, 2021
An Act Clarifying the Removal Process of Individuals from Certain 
Facilities Not Governed By Title 14 of the Maine Revised Statutes
Received by the Secretary of the Senate on March 2, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  30-A MRSA §3801, sub-§1, as amended by PL 2013, c. 209, §1, is further 
amended to read:
1.  Innkeeper.  "Innkeeper" means a person who keeps an inn, hotel or motel to provide 
lodging to travelers and others for compensation and who maintains the sleeping 
accommodations.  An innkeeper is not a landlord pursuant to the landlord and tenant laws 
as provided in Title 14.
Sec. 2.  30-A MRSA §3803 is enacted to read:
§3803.  Guests are not tenants; lodging facility owners are not landlords
1.  Not a landlord.  An innkeeper, lodging house keeper, boardinghouse keeper, 
rooming house keeper, restaurant owner or campground operator is not a landlord under 
the landlord and tenant laws in Title 14 but is subject to the provisions of this subchapter.
2.  Not a tenant.  A guest of an inn, hotel, motel, lodging house, boardinghouse, 
rooming house, restaurant or campground is not a tenant under the landlord and tenant laws 
in Title 14 but is subject to the provisions of this subchapter.
3.  License as proof.  A license issued by a licensing board under this chapter to an 
inn, hotel, motel, lodging house, boardinghouse, rooming house, restaurant or campground 
is considered conclusive proof of the facility's standing as such for purposes of determining 
whether a guest and lodging facility relationship exists for purposes of removal procedures 
under this subchapter and not a landlord and tenant relationship for purposes of forcible 
entry and detainer procedures under Title 14.
Sec. 3.  30-A MRSA §3821, sub-§1, as amended by PL 2013, c. 209, §2, is further 
amended to read:
1.  Register of guests.  Every person conducting a hotel or lodging house shall have a 
register kept and maintained in the hotel or lodging house at all times.  The name of every 
guest or person renting a room or rooms in the hotel or lodging house must be written in 
the register.  The person renting the room or rooms, or someone under that person's 
direction, shall sign the register.  The proprietor of the hotel or lodging house, or the 
proprietor's agent, shall then write the number of each room assigned to each guest, together 
with the date that room is rented, opposite the name or names so registered.  A guest of a 
hotel or lodging house is not a tenant pursuant to the landlord and tenant laws as provided 
in Title 14.
SUMMARY
This bill clarifies that lodging facilities and their guests do not have a landlord and 
tenant relationship and that removal of a guest is not subject to the forcible entry and 
detainer procedures under the Maine Revised Statutes, Title 14.