Vacancy Decontrol Rules for Maine Rent-Controlled Units

Understanding how rents can change when a tenant moves out is important for Maine renters, especially in rent-controlled or rent-stabilized units. This guide explains vacancy decontrol rules in Maine, how they affect rent prices, and what steps you can take if you have concerns about your lease or rent increases.

What Is Vacancy Decontrol?

Vacancy decontrol refers to laws that allow landlords to raise the rent of a rent-controlled or rent-stabilized apartment to market rate once the current tenant moves out. This means that protections limiting rent increases may no longer apply to the new lease, allowing rents to reset at the prevailing market rate for new tenants. These rules can affect affordability, so understanding them is key for renters seeking stable housing in Maine.

Rent Control and Stabilization in Maine: Current Status

Unlike some other states, Maine does not have a statewide rent control or stabilization law. However, individual cities—such as Portland—may enact local rent control ordinances with rules on rent increases and vacancy decontrol. Portland, Maine, has established its own rent control and tenant protections that renters should be aware of.

Portland, Maine: Local Rent Control and Vacancy Decontrol

Portland’s Rent Control Ordinance governs rent increases and tenant protections for covered rental units. Under this ordinance:

• When a rent-controlled unit becomes vacant (the tenant voluntarily moves out or the lease ends), the landlord may increase the rent to a new base rate for the next tenant.
• This process is known as vacancy decontrol—the rent cap is lifted for the new tenant only, but the unit again becomes subject to rent stabilization limits for the next tenancy.
• Landlords must register units and provide notices to tenants for rent increases, as detailed in local rules.

To dig deeper, see Portland’s official Chapter 6, Article XII – Rent Control Ordinance.

When Vacancy Decontrol Applies

Vacancy decontrol in Portland applies when:

• The tenant voluntarily moves out or does not renew their lease.
• The landlord lawfully regains possession (not an illegal eviction).
• Owner’s family members move in or for certain owner-occupied situations (as defined by the ordinance).

After vacancy decontrol occurs, landlords must re-register the rent level with the city.

Relevant Forms for Maine Renters

Working with rent-controlled or stabilized units in Portland usually involves certain official forms. The main forms include:

• Rental Unit Registration Form
  • Name: Rental Housing Registration Form
  • When used: Landlords must complete this form annually and whenever rental units change tenants or rents (including after vacancy decontrol).
  • Example: If you move out, your landlord is required to file a new registration indicating the new rent amount charged to the next tenant.
  • Official form and details – City of Portland
• Notice of Rent Increase Form
  • Name: Notice of Rent Increase (no official form number; subject to local rules)
  • When used: Landlords must give written notice before increasing rent, even after vacancy decontrol, and this notice must follow the timing and content requirements set by Portland’s ordinance.
  • Example: Before signing your new lease at a higher rate, your prospective landlord should provide written notice of the rent amount and your rights under the ordinance.
  • Official rent increase notification information

Key Points of Portland’s Rent Control Legislation

Some highlights from Portland's Rent Control Ordinance include:

• Rent increases are limited during tenancies, but vacancy decontrol allows a new base rent for new leases.
• Certain exemptions apply (e.g., owner-occupied duplexes, newly-constructed buildings within five years).
• Tenants and landlords have the right to appeal rent hikes or ordinance violations to the City of Portland’s Rent Board.

Filing a Complaint or Appeal: How to Act if You Suspect an Illegal Rent Increase

If you believe your landlord failed to follow vacancy decontrol or applicable rent control procedures, you can take formal action:

• Contact the City of Portland Housing Safety Office.
• You may file a complaint or appeal to the Portland Rent Board, the city’s official tribunal handling rent control issues.

For statewide rental laws, Maine’s principal legislation is the Maine Revised Statutes, Title 14, Chapter 709 – Residential Landlords and Tenants.¹

FAQ: Vacancy Decontrol and Maine Rent-Controlled Units

1. Is there statewide rent control or vacancy decontrol in Maine?
   No. Maine does not have statewide rent control. Vacancy decontrol rules may exist in cities like Portland, which have local rent control ordinances.
2. How do I know if my unit is subject to rent control and vacancy decontrol?
   Check with your local city’s housing office, such as the City of Portland Housing Safety Office. Only certain units in Portland are covered by local rules.
3. What forms should my landlord file if I move out of a rent-controlled unit?
   Your landlord must submit a new Rental Housing Registration Form indicating the vacated unit and the new rent amount if vacancy decontrol is applied.
4. Can my landlord raise the rent by any amount after I move out?
   Under Portland’s rules, yes: after you voluntarily move out, landlords may set a new base rent for the next tenant, but the unit is again subject to rent stabilization for that tenant’s lease period.
5. What should I do if I believe a rent increase was improperly applied?
   File a complaint or appeal with the Portland Rent Board or inquire with the City of Portland Housing Safety Office for guidance.

Conclusion: What Maine Renters Should Know About Vacancy Decontrol

• Maine has no statewide rent control, but cities like Portland regulate rent increases and vacancy decontrol.
• After a tenant moves out, rental units in Portland can see a one-time rent reset, after which limits again apply.
• Always check with your local housing office, and keep copies of any notices or forms.

Staying informed about vacancy decontrol rules helps you better understand your rights and responsibilities as a Maine renter.

Need Help? Resources for Renters

• City of Portland Housing Safety Office: Rent control guidance, registration forms, and complaint instructions.
• Portland Rent Board: Hearings and appeals for rent control and stabilization issues.
• Maine Revised Statutes, Title 14, Chapter 709: Full state landlord-tenant law.
• MaineHousing: Statewide housing assistance and renter support.

---

1. Maine Revised Statutes, Title 14, Chapter 709 – Landlord and Tenant
2. Portland Rent Control Ordinance, Chapter 6, Article XII

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