How to Legally Remove a Roommate Not on the Lease in Maine

Living with a roommate can bring both convenience and complications, especially if issues arise with someone who is not officially on your lease. If you live in Maine and need to remove a roommate who is not listed as a tenant on the rental contract, it is important to understand your rights and the legal process. This article will provide a clear, step-by-step overview to help Maine renters navigate this situation with confidence and in compliance with state law.

Understanding Roommate Status in Maine

In Maine, a "roommate" who is not on the lease is typically considered an "unauthorized occupant" or "subtenant." They generally do not have the same legal protections as tenants whose names are included on the lease agreement. However, removing any occupant from a rental unit requires following due process and respecting their legal rights. Maine does not allow self-help eviction (e.g., changing locks), even if the person is not on the lease.^[1]

Legal Grounds and the Correct Process

As the primary or sole leaseholder, you have responsibilities both to your landlord and to anyone living in the property. If your roommate is causing issues, refusing to leave, or violating house agreements, you may need to begin a formal process if they will not move out voluntarily. The following steps summarize the correct legal approach in Maine:

• Attempt to resolve the issue directly with your roommate. Communication can sometimes prevent legal action.
• If the roommate refuses to move out, you or your landlord may need to serve them a formal eviction notice.
• If the roommate is not on the lease and you are the leaseholder, you generally must work with your landlord if you want to evict them through official channels.
• Only the landlord (the property owner or manager) has the authority to file for formal eviction in most cases. As a renter, you cannot file for eviction on your own unless you are acting as a landlord (such as master leasing or subletting with permission).

Which Forms Are Used for Roommate Eviction?

The primary official forms in Maine for eviction are as follows:

• Notice to Quit (7-Day or 30-Day Notice): This is delivered to the person you wish to remove, typically by the landlord. A 7-Day Notice is used when the occupant has violated lease terms (such as illegal activity or serious nuisance). A 30-Day Notice may be used when no specific violation is present.

See the Maine Judicial Branch’s official eviction document page for a sample Notice to Quit (no specific form number; templates are provided by courts or created by landlords following state requirements).

• Forcible Entry and Detainer (FED) Complaint (Form CV-007): If the roommate does not leave after the notice period, the landlord may file this complaint with the local District Court. The official form is available from the Maine Judicial Branch.

Example: If your landlord issues a 30-Day Notice to your roommate and they do not leave after that time period, the landlord uses the Form CV-007 to begin formal court eviction proceedings.

Step-by-Step: What Can a Primary Renter Do?

Although only property owners or managers can legally evict, as a renter you have some options:

• Discuss issues and request the roommate leave voluntarily
• Notify your landlord in writing about the situation and request their intervention. Be specific and provide any documentation (e.g., messages, reports of disturbances)
• Assist your landlord by providing statements or serving as a witness if eviction proceedings are needed
• Refrain from self-eviction tactics—do not remove their belongings, change the locks, or restrict access, as this could result in legal consequences for you

The Role of Courts and Eviction Hearings

Eviction cases are heard by the Maine District Court. Landlords must serve notice and then file a Forcible Entry and Detainer (FED) action if needed. Occupants are entitled to a court hearing and may present their perspective.

Maine law prohibits eviction without court approval. For more about court processes and forms visit the Maine District Court's eviction resources page.

Relevant Maine Tenant Laws

• Maine Revised Statutes Title 14, §6001-§6030-D: Forcible Entry and Detainer—Governs eviction and removal of occupants
• Title 14, Chapter 710-A: Landlord and Tenant—Contains general tenancy rules

Review these laws to understand your rights and obligations as a renter.

FAQ: Roommate Removal in Maine

1. Can I evict my roommate in Maine myself if they are not on the lease?
   No. Only your landlord can legally file for eviction. You can request your landlord start the process if the roommate refuses to leave.
2. What if my roommate is being violent or threatening?
   If you fear for your safety, call law enforcement immediately. In some cases, a Protection from Abuse order may be appropriate.
3. Does my landlord need a reason to ask my roommate to leave if they are unauthorized?
   Generally, yes. If your lease restricts occupants or subletting, that's a valid reason. Otherwise, a 30-Day Notice without specific cause may be used.
4. How long does the eviction process usually take in Maine?
   From initial notice to a court-ordered eviction, the process often takes at least a month but timing varies by county and court schedule.
5. What forms must be used for eviction in Maine?
   The key forms are the Notice to Quit (7-day or 30-day) and the Forcible Entry and Detainer Complaint (Form CV-007), available on the Maine Judicial Branch forms page.

Summary: Key Takeaways for Maine Renters

• You cannot personally evict a roommate who is not on the lease in Maine; your landlord must handle the process.
• All evictions must follow formal notice and court procedures; "self-help" eviction is not legal in Maine.
• Request help from your landlord and keep documentation of all communications and issues with your roommate.

Understanding your rights and the legal process helps ensure a smoother resolution when roommate problems arise in shared housing situations.

Need Help? Resources for Renters

• Maine District Court - Landlord-Tenant/Eviction Information
• Maine Attorney General: Residential Renters Rights
• Pine Tree Legal Assistance—Free legal information and advocacy for renters
• Official Maine Judicial Branch Eviction Forms

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1. Maine Attorney General, Residential Tenants' Rights
2. Maine Revised Statutes, Title 14, Chapter 709: Forcible Entry and Detainer
3. Maine Judicial Branch, Landlord-Tenant/Evictions

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