Maine Required Landlord Disclosures: Ensuring Leasing Transparency

Since its establishment as a state on March 15, 1820, Maine has prioritized transparency in the landlord-tenant relationship, enforcing a stringent set of required pre-lease disclosures. Failing to provide these documents in writing can result in substantial civil fines or legal complications under Maine law.

Federal Disclosures (Lead-Based Paint)

As mandated by federal law, landlords renting properties constructed before 1978 must:

• Disclose to the tenant any known presence of lead-based paint.
• Provide the official EPA informational pamphlet ("Protect Your Family from Lead in Your Home").
• Include a specific lead warning addendum signed by both parties.

Maine State Disclosures

1. Energy Efficiency Disclosure (14 MRS § 6030-C)

Before a tenant signs a lease or pays a deposit, the landlord must provide a Residential Energy Efficiency Disclosure statement.

• Requirements: The landlord must provide the statement to any person who requests it in person and must obtain the tenant's signature on the statement.
• Energy History: A prospective tenant who will be paying utility costs has the right to obtain from the energy supplier the amount of consumption and the cost for the prior 12-month period. Alternatively, the landlord may include the name of each energy supplier and a specific notice of the tenant's right to this history in the rental application.

2. Smoking Policy Disclosure (14 MRS § 6030-E)

Landlords must provide a written smoking policy disclosure before a tenant enters into a contract or pays a deposit. The disclosure must state whether smoking is prohibited, allowed on the entire premises, or allowed in limited areas (identifying those specific areas). Landlords must obtain a written acknowledgement signed by the tenant that they have received this policy.

3. Radon Testing Disclosure (14 MRS § 6030-D)

Maine requires landlords to test residential rental buildings for radon gas and provide results to tenants.

• Testing Schedule: Retesting is required every 10 years when requested by a tenant, provided a radon mitigation system has not already been installed.
• Notification: Written notice of the most recent test results must be provided to existing tenants within 30 days of receipt, and to new tenants before they sign a lease or pay a deposit.
• Penalty: Failure to provide this notice is a civil violation subject to a fine of up to $250 per violation.
• Termination: If radon levels are 4.0 pCi/L or higher, either the landlord or the tenant may terminate the lease or tenancy-at-will with a minimum of 30 days' notice.

4. Bed Bug History (14 MRS § 6021-A)

• Prohibition: A landlord cannot offer for rent a unit they know or suspect is infested with bed bugs.
• Mandatory Disclosure: Before renting, a landlord must disclose in writing if any adjacent unit is currently infested or being treated for bed bugs.
• Upon Request: Upon request, landlords must disclose the last date the unit (or adjacent units) was inspected and found to be free of infestation.

5. Total Price Transparency (14 MRS § 6030-J)

Effective January 1, 2025, Maine requires all landlords to provide a written Total Price Disclosure statement before entering into a lease or tenancy-at-will.

• Execution: The disclosure must be signed by both parties, with a copy provided to each.
• Mandatory Contents: The disclosure must itemize the total monthly rent, all mandatory recurring fees (e.g., parking, pet fees), all optional recurring fees, any utility service costs, and any other costs the tenant is responsible for.
• Exemption: A written disclosure is not required if the tenant is not responsible for paying any mandatory recurring fee or any optional recurring fee.

6. Security Deposit Bank Disclosure (14 MRS § 6038)

When a landlord accepts a security deposit, they must hold it in a separate account beyond the reach of the landlord's creditors. Upon a tenant's request, the landlord must disclose the name of the financial institution and the account number where the deposit is held.

Jurisdictional Enforcement

Disputes regarding these disclosures are generally heard in the Maine District Court. Failure to provide these mandatory documents can be used as a defense in eviction proceedings or as the basis for a consumer protection claim.

Best Practices

Integrating these disclosures directly into your primary leasing workflow is critical in Maine. These cannot be verbal agreements; they must be written, acknowledged, and signed by the tenant before move-in to ensure the lease's legal validity.

Back to Maine Landlord-Tenant Laws OverviewPreview unavailable.