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.
About Paying Rent
Should my landlord give me a receipt when I pay my rent?
If you pay any of your rent in cash, the law requires your landlord to give you a receipt at the same time. The receipt should include:
- the date
- the amount paid
- your name
- what the payment was for
- the landlord's signature
If you live in a building with 5 apartments or less and your landlord lives there, they do not have to give rent receipts.
Even when it’s required, there isn’t an easy way to make your landlord give you a receipt if they refuse to give you one. This is one reason it’s important to keep your own records of the rent you pay. Always make sure you keep track of what you have paid and keep any proof like receipts or bank statements showing cashed checks.
Can my landlord charge me for a late rent payment?
Usually. Your landlord can only charge you a late fee if they gave you notice at the beginning of your tenancy that they would charge late fees. The notice must be writing like in a lease or rental agreement. Most landlords do give this notice. The late fees can only be charged if your rent is more than 15 days late.
The fee cannot be more than 4% of one month's rent. For example, if your rent is $800 per month, the late charge cannot be more than $800 x .04 or $32.
General Assistance and Rent
Does my landlord have to accept general assistance (GA) rent vouchers?
There are some situations where your landlord must accept General Assistance. If your landlord refuses to accept GA please contact Pine Tree Legal.
What if my landlord won't take GA vouchers?
First, find out why your landlord will not take GA vouchers. Maybe the problem is that the town only pays by the week but your landlord charges by the month. Ask the town to pay by the month or to agree with your landlord on a payment schedule. If the town will not help, call your local Pine Tree Legal office. Another resource is to call the General Assistance Unit at the Department of Health and Human Services in Augusta. Their toll free number is 1-800-442-6003.
Your landlord cannot refuse to take GA just because they don't like vouchers. You can file a discrimination complaint with the Maine Human Rights Commission in Augusta: 624-6290. Pine Tree Legal can help you to file a complaint.
Rent Increases
Can my landlord increase my rent?
If you are a tenant at will (no lease), and do not live in subsidized housing
Yes. Your landlord must give written notice of any rent increase. If your landlord has increased the rent less than 10% in the last 12 months, the notice must be a 45 day notice. If the new rent increase means your landlord is raising rent more than 10% in any 12 month time period, the notice must be 75 days. For example, if in January, your landlord raises your rent from $1,000 to $1050, the January notice must be 45 days because $50 is 5% of $1,000. But if your landlord then gives you an addtional notice in July raising your rent another $60 to $1110, the July notice must be 75 days because $110 in total rent increases is 11% of $1,000.
If your landlord does not do this, you have two choices
- You can refuse to pay the increase, or
- You can pay under protest and later sue your landlord for the amount you were overcharged. You can ask the court to order the landlord to pay for your court costs and lawyer's fees. Or you can sue in Small Claims Court without a lawyer.
If you choose not to pay the increase, your landlord may try to evict you. More on evictions.
If you have a lease
The landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different.
If you live in subsidized housing
Your rent is based on your income. So the amount you have to pay can be raised or lowered if your income changes. Also, there are special "earnings disregard" rules if you start working. Read your lease, then contact Pine Tree Legal if you think you are paying too much.
If you live in Portland, Maine
There are rules in the City of Portland that limit some rent increases. Read more about Portland's Landlord - Tenant Rules.
If you live in South Portland, Maine
The City of South Portland also has rules limiting some rent increases. Read more about South Portland's rules in their FAQ.
Can my landlord increase my rent if there are serious problems with my apartment?
No. If there are serious problems which make your home unsafe or could make you sick, the landlord must fix the problems before they can increase your rent. For example, your landlord cannot increase your rent if there is no heat in the winter. If you or your guests have caused the problems, then your landlord can still raise your rent. For more information about heating your apartment, see "How Much Heat and Other Utilities Does my Landlord Have to Provide?"
Updated by PTLA: November, 2024