Maine tenant screening laws

You may not charge a fee to submit an application or to review or approve one. The only exception: you may charge the actual cost of one background check, one credit check or one other screening process, but only after telling the applicant that the law requires you to give them a complete copy of what the check returns, and you must then give it (14 M.R.S. § 6030-H).

• You may not charge the same applicant more than one screening fee in any 12-month period (14 M.R.S. § 6030-H(3)).

The Maine Human Rights Act makes it unlawful to refuse to rent, set different terms, advertise a preference or ask about an applicant's race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin or familial status, or about a past protection order. You also may not refuse to rent to someone, or set different terms, primarily because they receive public assistance, including housing subsidies. Check the coverage exceptions below and any independent federal duties before applying this summary (5 M.R.S. § 4581-A).

• For covered housing, permit reasonable disability-related modifications at the resident's expense and make necessary reasonable changes to rules, policies, practices or services. A reasonable restoration agreement may address the interior at move-out, allowing for ordinary wear (5 M.R.S. 4582-A(1), (2)).
• Maine's housing definition of assistance animal includes an animal a qualified licensed health professional determines necessary to mitigate a disability, or an animal individually trained to perform disability-related work or tasks. Review the applicable definition and need rather than treating every animal request as an ordinary pet application (5 M.R.S. 4553(1-H)).
• For a protected assistance animal, do not condition its use on a fee or security deposit; the resident remains responsible for damage. The state statute allows a defense showing a direct threat to others' health or safety, substantial damage to others' property, or substantial interference with others' reasonable enjoyment. Review the facts and independent duties for the particular request (5 M.R.S. 4582-A(3)).
• State coverage exceptions include an owner-occupied two-family dwelling's other unit and up to four rented rooms in an owner-occupied one-family home. Advertising and the specified brokerage and financing provisions remain applicable. Religious noncommercial housing and qualifying older-person housing have separate statutory exceptions; check their conditions and any federal duties (5 M.R.S. 4581(1)-(4)).
• The rule covers owners, managing agents and anyone with the right to rent or manage a housing accommodation, and their agents (5 M.R.S. § 4581-A(1)).
• Ads and listings may not state any preference or limitation based on these traits (5 M.R.S. § 4581-A(1)(C)).
• Receiving federal, state or local public assistance, including medical assistance and housing subsidies, is protected (5 M.R.S. § 4581-A(4)).
• You and your agents may not sexually harass a tenant, and a tenant harassed this way may end the lease early (14 M.R.S. § 6016-A; 14 M.R.S. § 6001(6)(D-1)).See Ending a fixed-term lease early on the Maine page