Renting a home that was foreclosed in Maine: your rights

Your rights as a renter in Maine, in order

1. The federal floor: 90 days and your lease

   From the new owner's written notice

   Under the Protecting Tenants at Foreclosure Act, a bona fide tenant must get written notice at least 90 days before having to move. A lease signed before the foreclosure runs to its end unless the buyer will live in the home, and that buyer must still give 90 days' notice. Section 8 voucher holders get extra protection. See [tenant notice after foreclosure](/notices/tenant-notice-after-foreclosure/).

   Pub. L. 111-22 § 702; 42 U.S.C. § 1437f(o)(7)

2. Maine makes the federal rule state law

   While the foreclosure is pending and after judgment

   A bona fide tenancy in a building with a pending foreclosure case or a foreclosure judgment may be ended only under the federal Protecting Tenants at Foreclosure Act. That means a Maine court should not order you out on a shorter notice than federal law allows.

   14 M.R.S. § 6001(1-A)

3. Ask in writing who to pay

   As soon as you learn of the foreclosure

   Keep paying rent as your lease requires and keep every receipt. When the home changes hands, ask the new owner in writing for its name, address and where to send rent, and check that it really owns the home before you pay someone new.

4. Your deposit must be transferred or returned

   When the landlord's interest ends

   When a landlord's interest ends, by sale or otherwise, whoever holds your deposit must either transfer it to the new owner and mail you notice with the new owner's name and address and an accounting, or return it to you. After a proper transfer, the new owner has the landlord's duties for the deposit. Wrongfully keeping a deposit can cost a landlord double the amount withheld, plus attorney's fees.

   14 M.R.S. §§ 6035, 6034

5. No lockouts or utility shutoffs

   Any time

   An eviction without a court case is illegal in Maine. A landlord cannot willfully cut off water, heat, electricity, gas or other utilities, or keep you out of your home or away from your belongings. A court can award you your actual damages or $250, whichever is more, plus costs and attorney's fees.

   14 M.R.S. § 6014

6. The court eviction the new owner must use

   After proper notice, then a court case

   The new owner has to file a forcible entry and detainer case in court. A notice ending a tenancy at will must give at least 30 days and say you have the right to contest it in court. After a foreclosure, the federal 90 days applies to bona fide tenants, so do not leave on a shorter notice without getting advice.

   14 M.R.S. §§ 6001, 6002

Common questions in Maine