When You Can Legally Refuse to Move In After Inspection in Maine

Moving into a new rental home in Maine is an exciting step, but sometimes issues or surprises arise when you inspect the unit before moving in. Understanding your inspection rights and knowing when you can refuse to move in helps protect your safety and your money. Maine law sets important rules for tenant move-in, disclosures, and your rights if the rental isn’t as promised.

Understanding Your Right to Move-In Inspections in Maine

Before you move in, you can inspect the rental unit to ensure it matches your lease agreement and is safe. In Maine, landlords are required to follow state habitability laws and provide certain disclosures, such as lead hazards in older properties.

Common Reasons a Renter May Refuse to Move In

• Serious health or safety violations (like broken heating, lack of running water, or mold)
• The unit is not ready or does not match the conditions promised in the lease
• Failure by the landlord to provide legally required disclosures
• Undisclosed pest infestations or structural damage

Under Maine’s landlord-tenant laws, you have the right to a rental that meets the state’s minimum habitability standards and is as agreed upon in your lease.^[1]

Official Inspections, Disclosures, and Forms in Maine

Landlords in Maine must provide a written Move-In Inspection Report (no standard state number), usually agreed upon by both parties at the time of move-in. You should review this report, making note of any damages or problems.

• Lead-Based Paint Disclosure Form (for rentals built before 1978): Must be signed before moving in. Learn more and access the form here.
• Move-In/Move-Out Inspection Checklist: Provided by landlord or property manager; if you notice substantial issues, note them on the form and avoid signing if you disagree.

If there are issues with the official inspection, document the problems (photos, notes), and seek written agreement from the landlord before moving in, or consider refusing the keys until repairs are made.

Your Legal Rights Not to Move In

If the rental is not safe or does not meet what was promised in the lease, you may have legal grounds to refuse move-in. Under Maine law, a landlord must provide a “fit and habitable” rental unit per 14 M.R.S. § 6021.^[2]

• If the unit is uninhabitable or fails a health inspection, you can refuse to move in and request your deposit back.
• If disclosures such as lead hazards are missing, you may delay move-in until they are provided.
• If you encounter major undisclosed problems, notify the landlord in writing and ask for a remedy or new move-in date.

Action Steps for Maine Renters

• Inspect the property thoroughly before moving any belongings.
• Fill out the Move-In Inspection Checklist and include all issues found.
• If you find serious problems, notify the landlord immediately in writing.
• If issues are not fixed before move-in, you may legally refuse to take possession and request a full refund.
• Contact Maine’s residential landlord/tenant board for support if needed.

Summary: Check habitability, require full disclosures, and never accept a rental that isn’t safe or as promised by law.

FAQ: Maine Renters' Rights and Inspections

1. Can I refuse to accept the keys if the rental isn’t ready or safe?
   Yes. If the rental does not meet habitability requirements or isn’t as described in your lease, you can refuse keys and request your deposit back.
2. Am I entitled to a move-in inspection?
   Yes. Both landlord and tenant should complete a move-in inspection and checklist. This helps avoid disputes about damages or condition.
3. What if the landlord won’t fix serious issues before my move-in date?
   You can refuse to move in and notify the landlord in writing. If needed, file a complaint with the Maine Attorney General’s Consumer Protection Division.
4. What forms should I request or keep?
   Keep your lease, the signed inspection checklist, and any lead-based paint disclosures. Copies protect you if disputes arise.

Key Takeaways for Maine Renters

• You do not have to move in if the rental is unsafe, fails inspection, or essential disclosures are missing.
• Always complete a move-in checklist and keep copies of all inspection forms.
• If disputes arise, contact Maine’s Attorney General’s Office or local agency for help.

Need Help? Resources for Renters

• Maine Attorney General – Tenants’ Rights
• MaineHousing – Tenant and Landlord Rights
• Title 14, Chapter 709: Maine Residential Landlord and Tenant Act
• Maine CDC – Environmental Health (Lead & Rental Safety)

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1. Maine Attorney General, Tenants’ Rights: Read tenant rights overview
2. Maine Revised Statutes Title 14 § 6021, Fitness for Human Habitation: Review Maine’s habitability law

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