How Maine Renters Can Dispute Illegal Rental Fees

If you rent your home in Maine and see questionable fees on your rent bill, you’re not alone. Some landlords may try to charge extra fees beyond what’s allowed, but Maine law protects renters from unlawful charges. Understanding your rights and how to challenge illegal rental fees can save you money and stress.

What Are Illegal Rental Fees in Maine?

In Maine, the law restricts the types of fees landlords can charge tenants. According to the Maine Revised Statutes, Title 14, Chapter 709 – Rental Property, landlords can only require certain payments such as:

• Rent for the rental period
• Securities deposits (not more than two months’ rent)
• Legitimate late fees (if described in the lease; maximum 4% of the monthly rent)

Fees that are NOT allowed include:

• Non-refundable “cleaning” or “application” fees (unless permitted by law)
• Charges for regular maintenance or normal wear and tear
• Undisclosed or surprise fees not stated in your written lease

Always check your lease and the applicable state law if you see fees you don’t recognize. If you’re unsure, the Maine Office of the Attorney General provides a detailed Landlord-Tenant Rights Guide.

Steps to Challenge Illegal Fees on Your Rent Bill

If you find an illegal or suspicious fee, you have options. Here’s how Maine renters can challenge unlawful rental charges:

1. Review Your Lease and Maine Rental Law

• Compare fees listed in your lease to those on your rent bill.
• Check the Maine Revised Statutes: Landlord-Tenant Law to see what’s allowed.

2. Communicate with Your Landlord

• Contact your landlord in writing (email or a letter) explaining that the fee collected appears unlawful or unexpected.
• Politely request a written explanation or documentation for the charge.

3. Submit a Written Dispute

• If you do not get a satisfactory answer, formally dispute the fee in writing, keeping a copy for your records.
• State which law or lease clause you believe the fee violates.

4. Seek Mediation or Contact State Authorities

• The Maine Attorney General’s Consumer Mediation Service helps with landlord-tenant disputes.
• If issues continue, file a complaint with the Maine Office of the Attorney General using their Consumer Complaint Form. This form is used to alert the state to your dispute with your landlord regarding illegal fees and prompt an investigation.
  You can access and submit the Consumer Complaint Form online.

5. Consider Legal Action at Small Claims Court

• You may bring a claim in Maine District Court (Small Claims Court) if you’ve paid an illegal fee and the landlord refuses to return it.
• Use the Statement of Claim (Form SC-001): File this with your local District Court to begin your small claim action.
  You can find details and instructions for filing at the Maine Judicial Branch Forms page.

What Are Your Rights as a Renter?

Your landlord cannot charge you unlawful fees, and you have the right to:

• Review your lease for all agreed fees
• Challenge any new or surprise charges
• File a complaint with the state, or take the matter to small claims court if needed

The Maine Attorney General’s Landlord-Tenant Program assists with complaints and provides legal information.

FAQ: Challenging Rental Fees in Maine

1. What types of rental fees are illegal in Maine?
   Landlords cannot charge non-refundable fees (like cleaning or application fees) unless expressly allowed by law, nor can they charge for routine maintenance or undisclosed fees not in your lease.
2. How much late fee can a landlord charge in Maine?
   The maximum late fee a landlord can charge is 4% of the monthly rent, and only if this is described in the lease.
3. What official form do I use to file a complaint against my landlord?
   You should use the Consumer Complaint Form with the Maine Attorney General if you’ve been charged an illegal fee. Find it here.
4. Where do I file a small claims suit to recover illegal fees?
   File your Statement of Claim (SC-001) with your local Maine District Court. Learn more.
5. Can my landlord evict me for challenging illegal fees?
   Maine law prohibits retaliatory eviction if you assert your legal rights, including contests over illegal fees.

Key Takeaways for Maine Renters

• Only certain fees are legal under Maine law—always check your lease and state statutes.
• You can file a complaint or take small claims action if charged an illegal fee.
• State resources are available to support renters in fee disputes.

Understanding your rights is the first step to protecting yourself from unfair charges on your rent bill. Don’t hesitate to reach out for help if you need it.

Need Help? Resources for Renters

• Maine Attorney General: Landlord-Tenant Rights & Complaints
• Consumer Complaint Form - Maine Attorney General
• Maine District Court: Small Claims Information & Forms
• Pine Tree Legal Assistance: Maine Renters' Rights Guide

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1. Maine Revised Statutes, Title 14, Chapter 709: Rental Property
2. Maine Office of the Attorney General: Landlord and Tenant Resources
3. Maine Judicial Branch: Small Claims Court

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