How Landlord-Tenant Law Applies to Housemates

When you open your home to a housemate who will pay you money in return for the right to live there, you become a landlord. Your housemate is your tenant. This means that you will need to follow certain Maine laws that apply to rental property. These are often referred to as "Landlord/Tenant Laws."

Do all of Maine’s landlord tenant laws apply to an owner who shares a home with a tenant?

No, but most of them do. Special detailed rules relating to how you treat and account for a security deposit, for example, do not apply to you. However, it is still a good idea to carefully account for your tenant’s security deposit. Also, Maine’s laws that prohibit discrimination don’t all apply to you, but some of them do. It is a good to know these anti-discrimination laws. Go here for helpful information on “How to Advertise for a Compatible Person Without Using Discriminatory Language."

So what should you know about Maine’s Landlord/Tenant Laws?

The following are just a few of the basic, most important or most frequently-encountered issues a homesharing landlord might face. (For a comprehensive review of Landlord/ Tenant Law in Maine, see the excellent Rights of Tenants in Maine, published by Pine Tree Legal.

Leases and Rental Agreements

It is not necessary for you to enter into a written agreement with your tenant, but it is a good idea. If you have only a verbal agreement, your relationship with your tenant is called a "tenancy at will." The benefit of a tenancy at will is that neither party is bound by a long-term lease; either party can end the arrangement with a 30-day notice. The big drawback to a verbal tenancy-at-will is that there is no written agreement specifying the rules of your living arrangements. We believe that a written lease or written "rental agreement" is almost always preferable to a verbal agreement in a homesharing arrangement.  This helps both parties to understand up front what the terms of the agreement are.

Of course, both parties must follow the terms of the agreement.

Go here to learn more details about the different types of agreements and to view sample agreements. 

Habitability

In Maine, all landlords must make sure that the housing they provide to tenants is habitable. This means that your home must be fit for human habitation and be in compliance with all applicable municipal and state dwelling codes. Sewage problems; faulty plumbing, heating and electricity; and dangerous structural conditions are examples of conditions that could make your home uninhabitable. Are you responsible to provide a perfect home for your tenant? No. But your tenant should enjoy a safe, warm home free from vermin, with hot running water and reliable electricity and plumbing – at the very least.

There are special rules for how warm your home needs to be to comply with the law. In the areas occupied by your tenant, your home must be capable – even on the coldest days – of being heated to 68 degrees. If you and your tenant agree, in writing, to a lower temperature, you may contract to keep the heat as low as 62 degrees, but not for tenants over 65 or who have children under age 5.  Read more about "How Much Heat?"

Ending the Homesharing Agreement

One or both parties, at some point, may wish to end the homesharing arrangement. If you do not have a written lease with your tenant, or if your written agreement provides for the termination of the agreement with notice, one party must give notice to the other to end the agreement. This notice should be in writing. Usually, 30 days’ notice is required by law, unless a shorter time is specifically set forth in the lease.

Usually, a tenant who receives a written termination notice leaves before the 30 days runs out. However, sometimes a tenant may refuse to leave. If this happens, you must file an eviction case in the Maine District Court.  You must file a Complaint for Forcible Entry and Detainer. An eviction is a complicated court proceeding where it makes sense to hire a lawyer to help you. Generally, preparing the Complaint, getting it served by a sheriff, and arguing in court are all activities that, if done improperly, could result in your losing the case and significantly delaying the eviction of your tenant.

If you have a disagreement with your tenant and you wish for him or her to leave, you must follow the rules in your lease and the laws of Maine to evict. This means that you must give notice of the termination and, if they still do not leave, you must file a complaint and go to court. You can never resort to taking the law into your own hands. Maine law forbids you to “kick out” your tenant by throwing his possessions out on the street, changing the locks, or turning off her hot water, heat or electricity.

Hopefully, the only terminations of your homesharing agreements will be voluntary and agreeable. It is never a good experience to try to evict someone, and nobody enjoys going to court. The best advice one can give a landlord to avoid an unpleasant termination of lease and/or eviction is to be very careful in screening prospective tenants and be especially clear and careful when negotiating the rules of the house. Find advice about screening tenants here. Find advice about how to write a written agreement here.

Revised April 2013