WARNING: This page explains, in simple terms, a complex, emerging area of the law. Talk to a lawyer, or contact Pine Tree Legal Assistance, right away, before taking any action, if you think you have been discriminated against for being the victim of abuse.
If you have experienced sexual assault, domestic violence, or stalking now or anytime in the past, you should contact your local domestic violence or sexual assault agency:
Domestic Violence
Domestic Violence Statewide Hotline (24/7): 1-866-834-4357 and for Deaf or Hard of Hearing callers 1-800-437-1220
Maine Coalition to End Domestic Violence (link is external)
Sexual Assault
Sexual Assault Statewide Hotline (24/7): 1-800-871-7741
Maine Coalition Against Sexual Assault (link is external)
Are you having trouble with your housing because you have experienced abuse?
Sometimes landlords react to sexual assault, domestic violence and stalking by taking action against the victim. There are state and federal laws that can help if this happens to you.
Here we explain your rights and choices if you have been abused and:
• You are being evicted.
• You need to move.
• You need to change the locks.
• Someone won’t rent to you because of the abuse.
• You can’t get into subsidized housing (like public housing, Section 8, or Rural Development).
• Your household is breaking up.
When we say abuse we mean:
• Domestic violence
• Sexual Assault
• Stalking
What if I’m being evicted?
You should call Pine Tree Legal if you are being evicted in Maine. State and federal law protects people from being evicted because of the abuse. This applies to you if:
• Your landlord knew about the abuse before the eviction and is evicting you without giving a reason.
• Your landlord is evicting you because of the abuse. Like if your landlord gives you a Notice to Quit because your abuser was arrested at your apartment.
• Your landlord is evicting you because of something related to the abuse, like if you left your unit for two weeks to stay in a safe shelter.
If you think your landlord is evicting you because of the abuse, you must provide proof of the abuse to your landlord. The proof must be one of the following:
- A copy of a Protection from Abuse or Harassment Order
- A copy of a police report
- A copy of a criminal conviction
- A note from your doctor or mental health provider
- A note from a sexual assault or domestic violence agency
- If you live in public housing, Section 8 or a building funded by Rural Development, you can “self-certify” by giving your landlord a statement you signed and had notarized.
I gave my landlord proof of the abuse but I still got served with court papers
You should call Pine Tree Legal. You should make sure to show up for court at the time and date on your court papers. If you go to court by yourself, you will have the chance to come to an agreement with your landlord. If you can’t come to an agreement, you will have a hearing with a judge. If you have a hearing, you should tell the judge you think you are being evicted because of the abuse. You should say you do not think Maine law allows you to be evicted because of the abuse. You should have a copy of the proof of the abuse that you gave your landlord. You should give it to the judge. The judge will make a decision in your case.
Can I be charged by my landlord if the abuser damages the property?
The answer depends on whether the abuser lives with you.
- The abuser is also a tenant in your unit. Your landlord can charge you for any damage by taking it out of your joint security deposit. But they cannot charge you more than that amount. Again, notification to your landlord is the key. To get this protection, you must give your landlord notice and “proof” within 30 days of the relevant incident.
- The abuser does not live in the unit. If you did not invite the abuser in or allow them to be there, you cannot be held responsible. Filing a police report can help to verify that you aren't at fault in this situation.
Does the abuser have to pay me back for damages?
You can sue the abuser for the damages the abuser caused. You can also get court costs and attorney’s fees against the abuser. This "attorney fee" part of the law is significant. This may make it easier for you to find a lawyer to help you to sue the abuser.
I need to move for safety reasons but I’m currently a renter
If you have a lease, you usually have to stay until the lease expires. If you don’t have a lease, Maine law allows you to give 30 days notice and move. You can move more quickly if you need to move because of abuse.
You can give 30 days notice to move if you have a lease. You can give 7 days notice to move if you do not have a lease. You should give your landlord proof of the abuse. You can give your landlord:
- A copy of a Protection from Abuse or Harassment Order
- A copy of a police report
- A copy of a criminal conviction
- A note from your doctor or mental health provider
- A note from a sexual assault or domestic violence agency
If you give the correct notice, you do not have to pay rent after the notice expires. You should get your security deposit back if there are no damages to the apartment.
I need to change the locks for safety reasons
Maine law allows you to change the locks if you need to protect yourself from abuse. However, you must give your landlord a key within 48 hours of changing the locks. You should also give your landlord proof of the abuse. You can give your landlord:
- A copy of a Protection from Abuse or Harassment Order
- A copy of a police report
- A copy of a criminal conviction
- A note from your doctor or mental health provider
- A note from a sexual assault or domestic violence agency
A landlord won’t rent to me because of my past abuse
A subsidized housing program (like public housing, Section 8, or Rural Development) cannot refuse to rent to you because of abuse. Some examples of reasons that can NOT be used to reject your application to subsidized housing:
• You were evicted in the past or loss a voucher because of the actions of your abuser.
• You owe money to a past landlord because you had to move quickly for safety reasons.
• Your abuser caused a lot of damage to a past apartment.
You should give them proof of the abuse in writing and tell them you think the federal Violence Against Women Act doesn’t let them from refusing to rent to you for that reason. The proof in writing must be:
- A copy of a Protection from Abuse or Harassment Order
- A copy of a police report
- A copy of a criminal conviction
- A note from your doctor or mental health provider
- A note from a sexual assault or domestic violence agency
- A written description of the abuse that is signed by you and notarized.
The law is less clear for private landlords who will not rent to you because of abuse. State and federal housing discrimination laws do not let landlords deny tenants for because of:
- race
- gender
- disability
- national origin
- sexual orientation
- family status
- religion
- source of income
Survivors of abuse are not specifically in one of those categories. However, women and people with non-binary gender identities experience abuse at higher rates than people who identify as men.
Discriminating against survivors of abuse has an unequal impact on women and non-binary gender people, and discrimination against survivors can be considered gender discrimination. If you think this argument applies to you, you can file a complaint with the Maine Human Rights Commission. Learn more about housing discrimination in Rights of Maine Renters: Discrimination
My abuser moved out. Do I get to stay in my home/keep my housing voucher?
State and federal law allows landlords and housing authorities to let you stay in your home and keep your voucher if your abuser moves out. This can be true even if your abuser is the only one on the lease. It is true even if your abuser is head of household on your voucher. You must provide your landlord or the housing authority with proof of the abuse in writing. The proof of the abuse must be:
A copy of a Protection from Abuse or Harassment Order
A copy of a police report
A copy of a criminal conviction
A note from your doctor or mental health provider
A note from a sexual assault or domestic violence agency
If you live in public housing, Section 8 or a building funded by Rural Development, you can “self-certify” by giving your landlord a statement you signed and had notarized.
You are still responsible for your full rent and must follow all other rules for your housing.
September, 2017
PTLA #379