Maine tenant repair rights

The landlord's duty

Every rental carries an implied warranty that the home is fit for human habitation. The landlord may not keep or allow any condition that endangers or materially impairs your health or safety. Since 2025, renting out a unit with a leak, chronic moisture or humidity causing mold is a breach of the warranty (14 M.R.S. §§6021, 6026).

How to ask for repairs

Give the landlord written notice of the problem without unreasonable delay (for repair-and-deduct, by certified mail, return receipt requested). The landlord has 14 days for repair-and-deduct; for a court complaint, the landlord must have unreasonably failed to take prompt steps.

Repair and deduct

Allowed for dangerous conditions costing less than $500 or half a month's rent, whichever is greater. Send written notice of your intent to fix the problem at the landlord's cost by certified mail, return receipt requested. If the landlord does not fix it within 14 days (or sooner in an emergency), you may have it done professionally (licensed trades for electrical, oil burner and plumbing work), give the landlord an itemized statement, and deduct the cost from rent. You cannot charge for your own labor. Not available if you caused the problem, denied access, or extreme weather prevents the repair, and does not apply in owner-occupied buildings of 5 or fewer units (14 M.R.S. §6026).

Withholding rent

Not allowed on your own. Two court routes: (1) If the home is unfit and you were current on rent when you gave written notice, you can file a complaint in District or Superior Court; the court can order repairs, lower the rent to the home's fair value from the date the landlord got notice, and refund overpaid rent (14 M.R.S. §6021). (2) If you are sued for eviction for unpaid rent, you can raise the landlord's breach of the warranty of habitability as a defense, if the landlord knew of the problem and unreasonably failed to fix it and you did not cause it; the court can let you end the lease or keep it at a reduced rent (14 M.R.S. §6002(3)).

Law

14 M.R.S. §§6002(3), 6021, 6026

Reasonable notice and entry only at reasonable times, except in an emergency or when notice is impracticable; 24 hours is presumed reasonable. If the landlord enters illegally or harasses you with repeated entry demands, you can recover actual damages or $250, whichever is greater, plus attorney's fees if you win after a contested hearing (14 M.R.S. §6025).

In an eviction case, it is presumed to be retaliation if within 6 months before the case you: complained in good faith to a code agency, asked the landlord in writing for repairs, asserted your rights about rent increase notice or habitability, filed a fair housing complaint, told the landlord you are a domestic violence victim, or reported sexual harassment. The presumption does not apply to 7-day-notice evictions or lease-violation cases unless you show more (14 M.R.S. §6001(3)).