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Lease Agreements By Type
Commercial Lease Agreement – Uses a legal record to corroborate the particulars involved in the leasing of a building for commercial purposes.
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Rent to Own Agreement – Dictates the components of a proposed agreement to rent a property with an added invitation to buy at lease end.
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Month-to-Month Lease – Commissions the legalities of a leasing arrangement, with the option to prematurely end with the notification from either party of thirty (30) days in advance.
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Roommate Agreement – Goes over the terms to a contract where a person is to rent a portion of a home and utilize shared space for a monthly premium.
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Standard Lease Agreement – Assigns a tangible form to document the details of real estate leasing understanding.
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Sublease Agreement – Delegates tenancy to an alternate individual from a present tenant committed to the lease of a property.
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Landlord-Tenant Laws
For a more in-depth glimpse into the complex legalities of lessor/lessee transactions and interaction, feel free to delve into the Maine Revised Statutes – Title 14 – Chapter 710: Rental Property.
Required Landlord Disclosures
Radon Testing Status (§ 14-6030-D) – Legislation mandates that all leased residential buildings have the air tested every ten (10) years for the presence of radon by a licensed professional. Testing is not obligated if the residence has an installed radon mitigation system on the premises. Dwellings built after 2014 will require testing within twelve (12) months of occupancy. Should the air test positive for radon, the tenant can subsequently end the lease period early with thirty (30) days notice.
Energy Efficiency Disclosure Form (§ 14-6030-C) – The prospective tenant has the right to obtain a report of the energy expenditure and cost incurred in the previous twelve (12) months for the property. The lessor must fill the provided form and give it to the lessee to view before lease signing.
Smoking Policy on the Premises (§ 14-6030-E) – The policy pertaining to smoking tobacco within the confines of a unit, the building, property, or designated areas must be specified to the tenant upon lease endorsement. Written guidelines entailing specifics for smoking on the premises are to be dispensed to each tenant.
Utilities for Common Areas of a Property (§ 14-6024) – State law postulates that a landlord cannot require a tenant to pay for utility services in common areas unless all tenants pay for the services utilized in the shared space. A property owner can only designate one tenant pay for the utilities in a shared area if the tenant is granted a reduction in rent.
Lead-Based Paint (42 U.S. Code § 4852d) – Leased buildings that were constructed in 1978 or earlier mandate notification of possible exposure to lead-based paint. Informative materials defining the dangers and indications of coming into contact with the substance are to be handed out to the occupying tenants and acknowledged via signature. State regulation additionally requires the landlord to give thirty (30) day advance notice of repairs on buildings built prior to 1979. A written explanation of the potential for increased exposure to the lead-composed paint must be submitted before renovation (§ 14-6030-B).
Bed Bug Infestation Disclosure (§ 14-6021-A) – A landlord is not legally permitted to rent a dwelling that is currently infested with bedbugs. When entering into a lease agreement, the owner must inform of any active contamination of bedbugs to any adjacent units. The tenant can rightfully request a statement as to the past 12-month history of bedbugs in the building before lease execution. Should a current tenant express concern of a possible bug bed infestation on leased property, the landlord has five (5) days to hire a professional to investigate. If it is found that bedbugs are present, the owner will have a total of ten (10) days to commission the services of a pest control specialist to remedy the situation.
When is Rent Late?
Governing regulation allows a fifteen (15) day grace period for rental payments to be delivered after the due date. The extended allocation provides shelter from late fees until the sixteenth (16th) day after the specified date in the lease agreement (§ 14-6028).
Late Fees
Any designated late fee is required to be disclosed in the lease agreement and cannot exceed 4% of the monthly rental rate. The fee is viewed as lawful only if the lease language includes a statement about the state’s limitation on late fees capped at 4% (§ 14-6028).
NSF Checks
When a rental payment check is returned for reasons of inadequate account funding, the landlord must notify the tenant of the discrepancy. The tenant then has ten (10) days to reimburse the landlord for the face amount of the check, bank fees, and mailing costs. If the tenant fails to pay within the timeframe, they could be found liable for additional expenses for court proceedings and legal fees as well as a 12% annum interest of the amount of the check (§ 14-6071).
Security Deposit Maximum
The highest amount an owner can legally suggest as a security deposit for a rented property cannot exceed the equivalent of two (2) months’ rental installments (§ 14-6032).
Security Deposit Return
The appointed amount of time permitted for reimbursement of a security deposit is dependent on the lease contents relevant to the deposit specifics. The total amount of time assigned to return the deposit to the tenant can be no more the thirty (30) days after lease expiration. The standard for tenancy at will leases is that a security deposit must be paid back within twenty-0ne (21) days of lease-end (§ 14-6033).
Landlord’s Entry
The owner or property management is obligated to inform the occupant before attempting to enter the domicile for maintenance-related reasons. It is mandated that the lessor give at least twenty-four (24) hours of notification and only request access during regular hours of the day. When necessary, in the case of an emergency, the landlord is permitted to enter without advance notification (§ 14-6025).
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