Maine Rent Increase Laws: Advanced Notice Requirements

In accordance with 14 MRS § 6015 (effective October 25, 2023), Maine landlords must adhere to strict tiered notice requirements when increasing residential rent. Unlike states where 30 days is the standard warning for a rent hike, Maine law mandates a minimum 45-day, 75-day, or 90-day notice period depending on the magnitude of the increase and the property's location.

Official Law Citation: Maine Revised Statutes, Title 14, § 6015 (Notice of Rent Increase)Preview unavailable.

Fixed-Term Leases

If a tenant is currently bound by an active, fixed-term lease (e.g., a one-year agreement), the landlord cannot increase the rent during the term of that lease. The monthly rate stated in the contract is locked until the lease naturally expires.

To raise the rent upon renewal, landlords must present the new terms to the tenant prior to the renewal date. If the lease converts to a month-to-month tenancy, the required statutory notice periods immediately apply.

Month-to-Month Tenancy Notices

For "Tenancies at Will" (month-to-month renters with no long-term lease), Maine enforces a dual-tier notice system based entirely on the size of the proposed rent increase, unless local ordinances require more.

Increases Under 10%

If a landlord is proposing a rent increase that is less than 10% of the tenant's current base rent, they must provide at least 45 days' advance written notice.

Increases of 10% or More

If a landlord proposes to increase the rent by 10% or more, they must provide at least 75 days' advance written notice.

Exemptions: Per 14 MRS § 6015(2), the 75-day notice requirement for increases of 10% or more does NOT apply to rental housing subject to:

• Affordability deed restrictions;
• Restrictions due to landlord participation in government subsidy programs; or
• Restrictions due to tenant participation in government subsidy programs.

Crucial Caveat: This 10% threshold is cumulative over any 12-month period. The 75-day notice must be provided prior to the specific increase that brings the cumulative total to 10% or more. For example, if a landlord raises the rent by 5% in March and another 5% in September, that second increase demands 75 days' warning because the cumulative annual increase has reached the 10% threshold.

Notice Format

Maine law specifies that the written notice must explicitly state:

1. The new total rent amount.
2. The exact effective date of the increase. A text message or an email (unless explicitly agreed to as a legal form of notice in a prior written lease) may not hold up if challenged as improper notice.

Local Rent Control: The Portland Exception

While the state of Maine does not restrict how much a landlord can increase the rent, municipalities are legally allowed to enact their own rent control policies.

The most prominent example is Portland, Maine. Under Portland's municipal Rent Control Ordinance (Portland Code Ch. 6, Art. X):

• Notice Period: Notwithstanding state law, landlords in Portland must provide at least 90 days' written notice for any rent increase (§ 6-232(f)).
• Rent Cap: Annual rent increases are strictly capped at 70% of the change in the Consumer Price Index (CPI-U) for the Greater Boston Metro Area (§ 6-234).
• Landlords must register their rental units with the city to legally implement any rent increases.
• Even between tenancies (when a tenant moves out), landlords are limited in how much they can raise the rent for the incoming tenant.

Retaliation Prohibitions

A landlord in Maine cannot legally raise the rent to punish a tenant for exercising their rights. Under 14 MRS § 6014, a landlord may not increase rent in retaliation for a tenant asserting rights, such as requesting repairs under the warranty of habitability.

Presumption of Retaliation: In any action of forcible entry and detainer (eviction), there is a rebuttable presumption that the action was taken in retaliation if, within 6 months prior to the commencement of the action, the tenant asserted rights under § 6015 (rent increase notice), § 6021 (habitability), or filed a complaint with a code enforcement officer (§ 6014(3)).

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