Operative Text
1. Deduct from rent. If a landlord fails to pay for utility service in the name of the landlord, the tenant, in accordance with Title 35‑A, section 706 , may pay for the utility service and deduct the amount paid from the rent due to the landlord. 2. Award damages. In addition to the remedy set forth in subsection 1 , upon a finding by a court that a landlord has failed to pay for utility service in the name of the landlord, the court shall award to the tenant actual damages in the amount actually paid for utilities by the tenant or $100, whichever is greater, together with the aggregate amount of costs and expenses reasonably incurred in connection with the action. The court may also award to the tenant reasonable attorney's fees. 3. Presumption. In any action brought pursuant to subsection 2 , there is a rebuttable presumption that the landlord knowingly failed to pay for the utility service. If the landlord rebuts this presumption, the landlord is liable to the tenant only for actual damages suffered by the tenant.
Under Maine law at 14 M.R.S. §§ 6021 & 6024-A, when a landlord fails to pay for a utility service that is billed in the landlord's name, the tenant is permitted to step in and pay that bill directly, then subtract that amount from the rent owed. If the matter goes to court, a judge is required to award the tenant the greater of the actual amount paid for utilities or $100, plus reasonable costs; attorney's fees may also be awarded. The law further establishes a rebuttable presumption that the landlord's failure to pay was knowing, though a landlord who successfully overcomes that presumption faces liability only for the tenant's actual damages.
Plain English — not legal advice.
Property owners and managers operating under 14 M.R.S. §§ 6021 & 6024-A are generally expected to maintain current payment on any utility accounts held in the landlord's name that serve tenant-occupied units. A compliant operator typically sets up automatic payments or regular billing reviews to ensure no utility service lapses due to nonpayment, since a lapse can trigger a tenant's right to pay the bill and deduct it from rent. Courts presume that a landlord's failure to pay was knowing, so maintaining clear payment records is a practice commonly associated with demonstrating good-faith compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 14 M.R.S. §§ 6021 & 6024-A, Maine tenants have a specific remedy when a landlord fails to pay a utility bill held in the landlord's name: they may pay the bill themselves and deduct that amount from rent, following the procedures outlined in Title 35-A, section 706. If a tenant pursues a court action, the law requires the court to award at least $100 or the actual amount paid—whichever is greater—along with costs, and the court has discretion to add attorney's fees. Tenants who believe this provision applies to their situation may wish to document all utility payments carefully and consider reaching out to a tenant-rights organization or legal aid office to understand the available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API