Maine Renters’ Rights During Foreclosure: Protections & Next Steps

When your rental home is faced with foreclosure in Maine, it can be stressful and confusing. As a renter, you have specific rights and protections, even if your landlord’s property is going through foreclosure. Understanding these helps you make informed decisions and protect your home. This guide outlines your rights, what official forms and steps to expect, and where to get help under current Maine law.

What Happens When Your Rental is in Foreclosure?

Foreclosure is the legal process where a lender takes ownership of a property because the owner (your landlord) hasn’t kept up with mortgage payments. As a renter, it’s important to understand:

• You still have rights under both Maine’s landlord-tenant laws and federal protections.
• Tenants are usually entitled to written notice before any eviction can proceed.
• The new property owner (often a bank) must follow the required legal process before asking you to move.

Your Rights as a Renter in a Foreclosed Property

Maine law requires specific notices and respects your tenancy agreement, with some protections strengthened at the federal level. In most cases:

• The new property owner must honor your existing lease, unless they intend to use the property as their primary residence.
• If you are on a month-to-month lease (or without a written lease), you are generally entitled to at least 90 days’ written notice before you must move, under the Protecting Tenants at Foreclosure Act (PTFA).
• Eviction cannot happen without a formal court process—self-help evictions (change of locks, removing your belongings) are illegal.

Requirements for Notice and Eviction

The new owner (like a bank) must provide a written eviction notice. Under Maine law and the PTFA, they cannot make you leave without this notice and a court order.

• If you have a fixed-term lease, it is generally honored until expiration, unless the new owner moves in or the lease is proven fraudulent.
• For monthly tenants, the required minimum notice is 90 days.
• All eviction notices must comply with Maine’s Residential Landlord and Tenant Act (Title 14, Chapter 709).

Which Forms Might You See?

During this process, you may receive official documents, including:

• Notice to Quit (Eviction Notice): The new owner must provide a written notice ("Notice to Quit") giving you at least 90 days to vacate. This form lets you know the official date by which you must leave. Example: If you are a month-to-month tenant, a bank might send you this form after becoming the owner via foreclosure. Learn more at the Maine Judicial Branch - Civil Forms.
• Forcible Entry and Detainer (FED) Complaint (CV-007): If you do not leave by the notice date, the owner must file a Forcible Entry and Detainer action in court using Form CV-007. You will receive a copy, and you have the right to appear at a court hearing to state your case or explain your situation.

What Tribunal Handles Evictions and Tenant Claims?

All eviction cases, including those following foreclosure, are handled by the Maine District Court. This court oversees tenant/landlord disputes and must approve any eviction. You can learn more or find your local court office at the Maine Judicial Branch website.

Relevant Maine Tenancy Legislation

Maine’s main renter protections are found in the Maine Revised Statutes Title 14, Chapter 709 – Residential Landlord and Tenant Act. Federal protections for renters during foreclosure can also be found in the Protecting Tenants at Foreclosure Act (PTFA).

Action Steps for Renters Facing Foreclosure in Maine

If you learn your rental property is in foreclosure, here’s what you should do:

• Don’t panic: You cannot be forced out without proper court process and the required written notice.
• Carefully read any notice you receive—check the dates and what it requires.
• If served with a Notice to Quit, make sure it’s at least 90 days (unless you’re on a fixed-term lease with longer time left).
• If you receive court papers (like a Forcible Entry and Detainer Complaint), respond promptly and attend the court hearing.
• Seek free legal help or call a local tenants’ rights service if you have questions or feel your rights are not respected.

1. What notice am I required to receive before being asked to leave?
   Generally, you must receive at least 90 days’ written notice, unless you are on a longer fixed-term lease. The notice must come from the new owner after foreclosure.
2. What if I have a fixed-term lease?
   Your lease usually offers protection, and you have the right to remain until it ends, unless the new owner intends to move in themselves (with proper notice).
3. Can the bank or new owner change the locks on me?
   No. All evictions require a court order from the District Court. Lockouts or any "self-help" actions are illegal in Maine.
4. Do I still pay rent during the foreclosure process?
   Yes, you must continue paying rent, either to your existing landlord or, once notified, to the new owner.
5. What should I do if I get a court summons or eviction papers?
   Respond promptly and attend your court hearing to protect your rights. Bring all documents, and seek legal help if needed.

Need Help? Resources for Renters

• MaineHousing – Renter Rights & Information
• Pine Tree Legal Assistance – free tenant legal help
• Maine District Court – for eviction process and hearing information
• Maine Judicial Branch – Court Forms

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1. Maine Revised Statutes Title 14, Chapter 709 – Residential Landlord and Tenant Act
2. Protecting Tenants at Foreclosure Act of 2009
3. Maine Forcible Entry and Detainer (FED) Complaint Form (CV-007)
4. Maine District Court – Eviction Proceedings
5. MaineHousing – Tenant Rights Resources

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