Important Resources to Prevent Eviction
Getting evicted? Worried you might be soon?
To learn more about your rights if you are being evicted, come to a live virtual information session with a PTLA attorney every Tuesday at 9 a.m.
Are there new landlord tenant rules in Portland, Maine?
There are new landlord-tenant rules that went into effect in Portland at the beginning of December, 2020 with some changes made in 2022. The rules cover:
- Discrimination in housing;
- The length of no cause eviction notices;
- Rent increases;
- Application fees; and
- Security Deposits.
These new rules are specific to the City of Portland, Maine. They do not apply anywhere else in the state of Maine.
Do the rules apply to me?
The rules do not apply to:
- Dorms;
- Hospitals;
- Churches;
- Subsidized housing;
- Units in buildings with 4 or less units where the landlord lives in the building; and
- Accessory Dwelling Units.
How will the rules be enforced?
The rules set up a new Rent Board, which is meant to enforce the rules. But, for many tenants the rules will come up in court, like eviction court or if a landlord sues you for back rent. In court, the judge will decide whether the city rules apply in state court and what the rules mean. Because they are new rules, we don’t know how judges will decide these issues.
The city has a page with more detailed information and FAQs about the new rental rules. But, tenants should know that a judge could decide that the rules mean something different than the city says.
We know this is confusing. If you have questions about the rules or have a court case, call Pine Tree Legal Assistance to talk about your specific situation.
What are the Portland, Maine rules about rent increases?
Under the new rules, your landlord can only raise your rent once a year in Portland. You must get a 90 day notice of any rent increase in Portland. A landlord cannot raise your rent in the middle of a lease.
A notice of rent increase must include certain information:
- the date on which your tenancy began
- the date on which the rent will be increased
- the amount of the increase
- the justification for the rent increase and an explanation; and
- any remaining “banked rent” or amount of rent increase the landlord is allowed but has not used yet.
The total rent increase can’t be over 10%. The landlord can’t raise your rent to whatever they want. They can only increase the rent for certain reasons:
- An annual increase set by the city based on inflation;
- An annual increase because tax rates have gone up;
- A 5% increase if there is a new tenant in the unit; and
- The above rent increases for past years that the landlord could have taken but did not.
We know that this is confusing. If you have questions or have received a notice to quit, you should call Pine Tree Legal Assistance.
What are the rules about notices to quit?
If you live in Portland, there are special rules that control when a landlord can evict you for “no cause.”
“No cause” means your landlord can give you a notice to quit without needing a reason to evict you if:
- you are a tenant at will,
- your lease is going to expire, or
- you have stayed in the unit after your lease has expired.
Under the new rules, the no cause notice to quit must be 90 days in Portland. A landlord in Portland can give a 60 day notice if they also pay you one month’s rent. They can give you a 30 day notice if they also pay you two month’s rent.
How much can my landlord charge me for a security deposit?
Landlords may only charge Portland tenants up to one month’s rent as a security deposit.
What can a landlord charge me to apply for a rental unit?
Landlords in Portland may not charge application fees.
Landlords must tell applicants the criteria they will use to decide on a tenant.
What if my landlord is discriminating against me?
The Maine Human Rights Act and federal Fair Housing Act protect Maine tenants from discrimination. Read more about your Fair Housing rights.
The new Portland rules provider greater protection for people who have a housing voucher, like Section 8 or BRAP. The Portland rules don’t let a landlord refuse to rent to you because you have a voucher. You can’t file a Maine Human Rights Complaint because of the new city rules. But, you can file a complaint with the Portland Rent Board. If you are denied housing or your landlord is treating you differently because you have a voucher, call Pine Tree Legal Assistance.
Updated by PTLA: February, 2025