Maine Rental Smoking Rules: Inspections & Disclosures

If you're moving into a Maine rental, it's important to understand what the law says about smoking in your unit. Smoking policies can impact your comfort, safety, and even your ability to stay in a home. Maine law requires landlords to clearly disclose smoking rules, so renters know what to expect before signing a lease.

What Are Maine's Smoking Policies for Rentals?

In Maine, landlords are allowed to create their own smoking policies for rental properties. This means your landlord can choose to:

• Prohibit all smoking everywhere on the property (inside units and outside common areas)
• Allow smoking in certain designated areas (for example, only outside)
• Permit smoking inside rental units

The key is disclosure: By law, Maine landlords must give written notice of their smoking policy before you rent the unit. This rule is outlined under Maine’s Title 14 §6030-E: Smoking Policy Disclosure.¹

What Must Be Disclosed?

Before you sign a lease, the landlord must notify you—in writing—whether smoking is allowed. This disclosure applies whether you’re moving into an apartment, a single-family home, or another rental property type.

• If a landlord changes the smoking policy later, they must inform existing tenants in writing before the change takes effect.
• Disclosure is required for all new tenants, and for lease renewals where the policy changes.

Required Forms and Practical Steps

Maine does not have a specific state-wide "smoking disclosure form". Instead, landlords must provide a written notice, which is usually included in your lease agreement or a separate signed addendum. Before you move in, always ask for this disclosure in writing and keep a copy for your records.

• Example: If you move into a unit and are later bothered by smoke from other units, you can check your lease or written notice to verify if smoking was supposed to be allowed. If there's a violation, you may have the right to address it formally.

What If the Smoking Policy Isn't Disclosed?

If your landlord does not provide a smoking policy disclosure, this may be a violation of Maine state law. You can bring this up with your landlord directly, and if the issue isn't resolved, seek further help or file a complaint (see Resources below).

How Smoking Policies Affect Your Lease and Rights

The landlord’s written smoking policy becomes legally enforceable once provided. This means both renters and landlords must follow the policy as agreed:

• If smoking is prohibited and a tenant violates this rule, the landlord can take action under the lease terms (including warning, fines, or potential eviction, based on the lease).
• Likewise, if a landlord allows smoking but later changes the policy, they must follow proper notice procedures before enforcing new restrictions.

Where to Find the Governing Legislation and Tribunal

Maine rental laws about smoking are located under the Maine Revised Statutes Title 14, Chapter 710: Rental Property.² The key state tribunal for housing issues is the Maine District Court (Forcible Entry & Detainer or FED), which hears landlord-tenant disputes.

Action Steps for Renters Facing Smoking Policy Issues

• Before signing a lease, ask to see the smoking policy in writing.
• If the policy is missing, request written disclosure from your landlord. Document your request.
• If you experience problems (for example, a neighbor is violating a no-smoking policy):
  • Notify your landlord in writing with the date, location, and details of the issue.
  • Keep copies of all correspondence and lease documents.
  • If unresolved, you may file a complaint or seek assistance from legal aid or the appropriate tribunal.

Summary: Knowing your rights and obligations around smoking helps maintain a healthy living space and avoids future disputes with your landlord or neighbors.

Frequently Asked Questions

1. Does my landlord in Maine have to tell me if smoking is allowed before I move in?
   Yes. By law, your landlord must provide written notice of the property's smoking policy before you sign a lease or rental agreement.
2. Can my landlord change the smoking policy after I move in?
   Landlords can change the policy, but only with written notice to all tenants before the change is enforced.
3. What should I do if other tenants are smoking when my lease says it’s not allowed?
   Notify your landlord in writing about the problem. Keep records and, if unresolved, you may seek help from the Maine District Court or legal aid services.
4. Is there a standard form for smoking disclosures in Maine?
   No specific state form exists. Landlords typically use a lease clause or addendum. Always get this disclosure in writing and keep a copy.
5. Which tribunal handles Maine rental disputes?
   The Maine District Court (Forcible Entry & Detainer section) handles rental disputes between tenants and landlords.

Conclusion: Key Takeaways for Maine Renters

• Maine law requires written disclosure of smoking policies in all rental units before move-in.
• Always review your lease or rental agreement for the smoking policy and keep a copy for your records.
• If problems arise, document everything and use official channels for support or resolution.

Being proactive about understanding smoking policies protects your health and your legal rights as a renter.

Need Help? Resources for Renters

• Maine Attorney General: Tenants & Landlords Information
• Maine District Court (FED): Landlord-Tenant Disputes
• Pine Tree Legal Assistance – Free legal information and support for tenants
• Maine Smoking Policy Disclosure Statute

---

1. Maine Revised Statutes Title 14 §6030-E: Smoking Policy Disclosure
2. Maine Revised Statutes Title 14, Chapter 710: Rental Property

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations