Maine Tenant Rights: Mold in Rental Properties

Mold can be more than just unsightly—it can affect your health and comfort at home. If you're renting in Maine and suspect mold in your unit, it's essential to understand your rights and what steps you can take under state law. This guide explains how Maine law protects tenants living with mold issues, what landlords are required to do, and how you can address ongoing problems.

Understanding Mold Issues and Maine Rental Law

Maine law requires landlords to provide safe and habitable housing. Mold growth, especially if caused by water leaks or maintenance failures, may mean your rental does not meet these standards. State law expects landlords to:

• Keep the property in a condition fit for living
• Respond to maintenance requests addressing leaks, poor ventilation, or water problems
• Address hazardous conditions that may impact your health or safety

The main housing law in Maine covering your rights is the Maine Revised Statutes Title 14, Chapter 709: Rental Property^[1].

Your Landlord’s Responsibilities for Mold

• Make necessary repairs to fix leaks, windows, or roofs causing water intrusion
• Remediate hazardous mold when notified in writing by the tenant
• Comply with local housing, building, and health codes regarding habitability

Landlords may be required to act within a reasonable time after being notified—typically 14 days for non-emergency repairs (and as quickly as possible for urgent repairs threatening health or safety).

How Maine Tenants Should Address Mold

If you suspect or find mold in your rental, here's what you can do:

• Report the problem in writing: Always notify your landlord or property manager in writing (keep a copy for your records).
• Document everything: Take photos, note dates, and keep records of all communications.
• Allow reasonable access: Allow entry for inspection and remediation work.

If the landlord does not respond within the required time or refuses to fix the problem, you have options:

• Contact your local code enforcement officer or health department to report unsafe or unsanitary conditions. Find your local office through the Maine CDC Landlord-Tenant Housing Guide.
• If repairs are still not made, consider applying to the Maine District Court (the official tribunal for residential tenancy matters) to enforce your rights or seek compensation. Learn more at the Maine District Courts site.

Relevant Official Forms for Renters

• Notice of Defect (No specific form number):
  Use when you notify your landlord, in writing, of a mold (habitability) problem. Example: Jane finds mold under the sink. She sends her landlord a dated letter describing the problem, with photos attached.
  Guide: Landlord-Tenant Housing Guide (p. 8, sample letters)
• Complaint Form – District Court (Small Claims/Repair Issues):
  Use to file a court complaint after you have documented the issue and the landlord failed to act within a reasonable time.
  Form and information: Maine Court Forms – Small Claims

If you’re unsure how to write a repair request, use Maine’s official templates. Always keep a copy for your records.

If You Need to Take Legal Action

Sometimes, repairs don’t get made and the rental remains unsafe. In these cases, renters may file a complaint with the Maine District Court. Be prepared to supply:

• Your written notice to the landlord
• Documentation (photos, communications)
• Any reports from local code enforcement or public health

The Maine District Court can order repairs or award monetary relief. For steps and details, see Maine’s District Court landlord-tenant information.

Summary of Your Options

• Report to your landlord in writing
• Contact local authorities if repairs aren’t made
• Use court processes if informal and administrative solutions fail

FAQ: Mold and Your Rights as a Maine Renter

1. What are my first steps if I discover mold in my Maine apartment?
   Notify your landlord in writing immediately and keep copies of all communications for your records.
2. Can I withhold rent if my landlord doesn’t fix mold problems?
   No, Maine law does not generally allow rent withholding for repairs. Seek legal advice or consider filing a court complaint before stopping payment.
3. Are landlords required to remove all mold?
   Landlords must remediate unsafe or health-threatening mold and fix related moisture problems, especially when the mold is caused by faults in the property.
4. Who investigates landlord mold complaints in Maine?
   The local code enforcement office typically inspects rental units for code or sanitation violations.
5. Can I end my lease if the apartment has major mold or is uninhabitable?
   If unaddressed mold renders the rental uninhabitable despite proper notice to the landlord, you may have the right to break your lease. Consult local resources or seek legal assistance first.

Conclusion: Key Takeaways

• Maine requires landlords to provide safe, habitable housing and address mold from leaks or defects
• Always document your repairs requests and responses
• If issues aren’t fixed, you can contact local authorities or file a court complaint for enforcement

Taking early, clear action protects your rights and well-being.

Need Help? Resources for Renters

• Maine Landlord-Tenant Housing Guide (Maine CDC): Official guide on building standards and complaint processes
• Maine District Court: For dispute filings and tenant applications
• MaineHousing – Rental Assistance & Resources
• Pine Tree Legal Assistance: Free legal help and information for Maine renters

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1. Maine Revised Statutes Title 14, Chapter 709: Rental Property
2. Maine District Court – Landlord-Tenant
3. Landlord-Tenant Housing Guide (Maine CDC)

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