If you do not sign a lease when you rent an apartment, you are considered a tenant at will.
Whether you rent an apartment, house, mobile home or live in subsidized housing in Maine, the law protects you against harassment from your landlord and provides protection for your property as well as your privacy. Harassment from your landlord can include unlawful eviction, failure to return a security deposit or entering your residence without cause. However, Maine law also protects the landlord's rights, too.
Eviction
According to Maine Revised Statute 6014, a landlord must obtain a court order before he can evict you from your place of residence. It is against the law for him to change the locks, seize your property or turn off you utilities---water, heat, electricity, gas, sewerage or telephone---even those services are in the landlord's name.
Depending on the type of lease you have with your landlord, he may or may not be able to evict you without cause. If you have a written lease, it probably contains a termination cause. If you violate the terms of the lease agreement, your landlord can legally evict you from your residence. The lease will also specify how much notice he must give you before evicting you. However, if the lease does not include a termination cause, the landlord cannot evict you until the lease expires.
If you are tenant at will, meaning you do not have a lease with your landlord, he can evict you without cause. But according to Maine law, he must give you a seven day or 30 day Notice to Quit. This notice must inform you of your right to fight the eviction in court.
Security Deposit
When you first move into your residence, you pay the landlord a security deposit that he can use to cover unpaid rent or damages to the unit such as broken windows, holes in the wall or trash left when you move out. The most your landlord can charge you for the deposit is twice your monthly rent. He cannot use your security deposit towards normal wear and tear of the rental unit, such as worn carpet, chipped or faded paint or dulled finish on wooden floors. However, if your unpaid rent or damages to the property exceed your deposit, the landlord can take you to court and sue you for the cost of rent and repairs.
If you pay your rent in full and do not damage the landlord's property, you will receive your security deposit back. He has 21 days to give back the security deposit if you are a tenant at will. Tenants with a lease must look at lease for a time period. However, if the lease does not state a time period, the law demands that the deposit be returned in 30 days.
Entry
Your landlord can only enter your residence without notice if there is an emergency such as broken pipes or a fire. For any other repairs or inspections, the landlord must give you reasonable notice, which usually means 24 hours. To perform the repair, he can only enter the apartment during reasonable hours, meaning during the day or evening---not the middle of the night. On the other hand, you are not allowed to lock your landlord out of the residence. If your change the locks, you must not only inform him, but give him a key within 48 hours. If you do not do this, the landlord may evict you.
Tags: your landlord, from your, your residence, must give, security deposit, tenant will