🚨 Step 0: Read This First - Critical Legal Requirements
⚠️ STOP: This guide is for educational purposes only and does not constitute legal advice.
Eviction law is complex. Mistakes can result in dismissal of your case, liability for damages, or sanctions. Maine law provides strict procedural requirements and tenants have significant rights. Strongly consider consulting with an attorney before proceeding, especially if the tenant contests the eviction.
Service of Process: Improper service is the #1 reason evictions fail. After 3 good faith attempts at personal service, you may use "mail and post" method. Keep detailed records of all service attempts with dates, times, and locations. Use our Service Attempt Log below.
Form CV-256 is MANDATORY: Per 14 M.R.S. § 6004(2), you MUST attach the Tenant Information Sheet (CV-256) to your Notice to Quit. Failure to do so may result in default judgment being set aside if tenant doesn't appear.
Right to Reinstate (Non-Payment Only): Per 14 M.R.S. § 6002, if tenant pays all arrears, current rent, and your filing/service fees BEFORE the writ of possession issues, the tenancy MUST be reinstated. You cannot proceed with eviction.
Timeline Strict: Hearings must occur within 10 days of return day. Do NOT delay filing or you may lose your right to proceed on that notice. Use our Timeline Calculator below.
No Self-Help Evictions: You CANNOT change locks, shut off utilities, remove tenant's belongings, or force entry. Doing so is illegal and exposes you to civil liability and potential criminal charges.
Federal/Local Protections: Check for federal rental assistance programs, local moratoriums, or CDC guidelines that may apply. Housing discrimination laws strictly enforced.
Filing Fees: Expect to pay court filing fees (approximately $120+) plus Sheriff service fees. Budget accordingly.
Step 1: Which Eviction Process Do You Need?
Answer the question below to identify and jump to the correct legal process for your situation.
What is the primary reason for this eviction?
Step 2: Follow the Correct Procedure
💰 Non-Payment of Rent
1. Serve 7-Day Notice to Quit
Serve a written notice demanding the exact rent owed. Tenant has 7 days to pay in full to void the notice. MUST be served with Form CV-256 (Tenant Information Sheet).
Source: 14 M.R.S. § 6002(1) | Notice Req: § 6004(2)2. File FED Lawsuit
If unpaid after 7 days, file a Forcible Entry & Detainer (FED) lawsuit at the District Court using Form CV-007. You must also purchase a Summons (CV-034) from the clerk for $5.00.
Source: 14 M.R.S. § 60033. Attend Court & Mediation
Present your case and evidence (lease, notice, rent ledger) to the judge. Mediation is typically required. Hearing must occur within 10 days after return day.
Source: 14 M.R.S. § 6004-A4. Obtain Writ of Possession
After winning, wait 7 days, then file Form CV-195 to get a Writ of Possession. The Sheriff serves it, giving the tenant 48 hours to leave.
Source: 14 M.R.S. § 6005📄 Lease Violation
1. Serve 7-Day Notice to Quit
For a serious lease breach (damage, nuisance, unauthorized occupant), serve a notice specifying the violation. This notice is typically unconditional. MUST be served with Form CV-256 (Tenant Information Sheet).
Source: 14 M.R.S. § 6002(1) | Notice Req: § 6004(2)2. File FED Lawsuit
If the tenant stays, file a Forcible Entry & Detainer (FED) lawsuit at the District Court using Form CV-007. You must also purchase a Summons (CV-034) from the clerk for $5.00.
Source: 14 M.R.S. § 60033. Attend Court & Mediation
Present evidence of the violation (photos, complaints, witnesses). Mediation is typically required. Hearing must occur within 10 days after return day.
Source: 14 M.R.S. § 6004-A4. Obtain Writ of Possession
After winning, wait 7 days, then file Form CV-195 to get a Writ of Possession. The Sheriff serves it, giving the tenant 48 hours to leave.
Source: 14 M.R.S. § 6005🗓️ End of Tenancy (At-Will)
1. Serve 30-Day Notice to Quit
To end a month-to-month tenancy, serve a notice providing a full 30 days notice. No reason is needed. Notice must expire on or after the date through which rent has been paid. MUST be served with Form CV-256 (Tenant Information Sheet).
Source: 14 M.R.S. § 6002 | Notice Req: § 6004(2)2. File FED Lawsuit
If the tenant remains after 30 days, file a Forcible Entry & Detainer (FED) lawsuit at the District Court using Form CV-007. You must also purchase a Summons (CV-034) from the clerk for $5.00.
Source: 14 M.R.S. § 60033. Attend Court & Mediation
The case will focus on whether notice was properly served. Bring proof of service. Mediation is typically required. Hearing must occur within 10 days after return day.
Source: 14 M.R.S. § 6004-A4. Obtain Writ of Possession
After winning, wait 7 days, then file Form CV-195 to get a Writ of Possession. The Sheriff serves it, giving the tenant 48 hours to leave.
Source: 14 M.R.S. § 6005📝 Notice to Quit Generator
Generate a customized Notice to Quit for your situation. Remember: You must also serve Form CV-256 with this notice.
📋 Service Attempt Log
Track your 3 required good-faith attempts at personal service. Required before using "mail and post" method.
Attempt #1
Attempt #2
Attempt #3
Service Attempt Log
✍️ Proof of Service Affidavit Generator
Generate an affidavit documenting how and when you served the Notice to Quit. Critical: You must file this with the court.
Proof of Service Affidavit
⚠️ Important: This affidavit must be signed under oath. You may need to have it notarized or sworn before a court clerk.
Step 3: Download Forms & Checklists
Master Forms Library
| Form Name / Number | Description | Link |
|---|---|---|
| Notice to Quit Generator | Generate a customized 7-Day or 30-Day notice. | Use Tool Above |
| Service Attempt Log | Track 3 attempts before mail+post service. | Use Tool Above |
| Proof of Service Affidavit | Document how/when notice was served. | Use Tool Above |
| Timeline Calculator | Calculate all critical deadlines. | Use Tool Above |
| Information Sheet (CV-256) | MUST be served with ANY Notice to Quit. | Download |
| Complaint for FED (CV-007) | The official court document to start the lawsuit. | Download |
| Request for Writ (CV-195) | Filed after winning to get the final removal order. | Download |
| Summons (CV-034) | Must be obtained from the court clerk for a $5.00 fee. | N/A |
Printable Checklists
Checklist: Non-Payment
Step-by-step actions for this process.
Checklist: Lease Violation
Step-by-step actions for this process.
Checklist: End of Tenancy
Step-by-step actions for this process.
📅 Eviction Timeline Calculator
Calculate all critical deadlines based on your service date and notice type.
Your Eviction Timeline
Notice Served
Notice Period Expires
⚠️ Tenant must comply by this date
Earliest Filing Date
File FED complaint (CV-007) + purchase Summons
Court Hearing Window
Hearing must occur within 10 days of return day
Earliest Writ Date (if you win)
7 days after judgment, file CV-195 for Writ of Possession
⏰ Total Estimated Timeline: from service to possible possession (if all goes smoothly and tenant doesn't contest).
Frequently Asked Questions
❓ Can I accept a partial rent payment after serving notice?
Generally NO, if you want to proceed with eviction. Accepting payment after serving a 7-day notice for non-payment typically waives your right to evict for that specific non-payment.
Exception: You can accept payment if the tenant pays all owed rent plus court filing fees before you file the FED complaint.
Consult an attorney before accepting partial payments during eviction proceedings.
🔧 What if the tenant requests repairs? Does this stop eviction?
It depends. Maine's warranty of habitability (14 M.R.S. § 6021) requires landlords to maintain safe, habitable conditions. If repairs are health/safety related (heat, water, structural integrity), you must address them.
Tenant Defenses: Tenants can raise habitability issues as a defense in eviction court. Document all maintenance requests and responses.
Retaliation Prohibited: You cannot evict in retaliation for repair requests (14 M.R.S. § 6001(3)). If a tenant recently requested repairs, delay may be necessary.
If habitability issues exist, address them before proceeding with eviction or consult an attorney.
⏰ What if I miss a filing deadline?
Notice Expiration: If you don't file your FED complaint within 30 days of the notice expiring, you must start over with a new notice.
Hearing Date: If you miss the scheduled hearing, your case will likely be dismissed. You'll need to refile and pay fees again.
Writ Expiration: A writ of possession expires 60 days after issuance (14 M.R.S. § 6005(4)). If not executed, you must request a new writ from the court.
Use our Timeline Calculator to track all deadlines.
🔄 Can I refile after my case is dismissed?
Yes, but start from the beginning. If your case is dismissed for procedural reasons (improper service, missed hearing, incorrect forms), you must:
- Serve a new Notice to Quit
- Wait for the notice period to expire
- File a new FED complaint with new fees
- Correct the issue that caused dismissal
Exception: If dismissed for substantive reasons (e.g., you failed to prove non-payment), carefully review what evidence was lacking before refiling.
Each dismissal costs you time and money. Consult an attorney if your first attempt failed.
⚖️ What if tenant and I have other disputes (security deposit, damage, etc.)?
Separate Legal Actions: Eviction (FED) is ONLY about possession of the property. It does NOT resolve:
- Security deposit disputes (handled in Small Claims Court)
- Property damage claims (separate civil action)
- Back rent owed (can pursue in separate collection action)
During FED: Focus only on the eviction grounds (non-payment, violation, or lease termination). Do not bring up unrelated issues in court.
After winning possession, you can pursue other claims in Small Claims or District Court.
📄 Do I need to notarize the Notice to Quit?
No. The Notice to Quit does not require notarization. Simply sign and date it before serving.
However: Your Proof of Service Affidavit MUST be notarized before filing with the court. This is a sworn statement under oath.
Use our Proof of Service Generator and get it notarized at your bank, town office, or by a mobile notary.
🏠 Can I change the locks or shut off utilities to force tenant out?
⛔ ABSOLUTELY NOT. This is illegal in Maine.
Maine law (14 M.R.S. § 6014) prohibits "self-help" evictions. You cannot:
- Change locks without court order
- Remove tenant's belongings
- Shut off utilities (heat, water, electricity)
- Intimidate or harass tenant to force them to leave
Consequences: Illegal eviction can result in tenant suing you for damages, attorney fees, and possible criminal charges.
ONLY a sheriff with a writ of possession can physically remove a tenant. Follow the legal process.
Additional Resources
For Landlords
Need Mediation? Maine courts encourage mediation in FED cases per 14 M.R.S. § 6004-A. Both parties may request mediation at any time. Contact the court clerk to arrange.