Me. Rev. Stat. tit. 14, §§ 6021–6030-K § 6030
Unfair agreements
Operative Text
1. Illegal waiver of rights. It is an unfair and deceptive trade practice in violation of Title 5, section 207 for a landlord to require a tenant to enter into a lease or tenancy at will agreement for a dwelling unit, as defined in section 6021 , in which the tenant agrees to a provision that has the effect of waiving a tenant right established in chapter 709 , this chapter or chapter 710‑A . This subsection does not apply when the law specifically allows the tenant to waive a statutory right during negotiations with the landlord. 2. Unenforceable provisions. The following lease or tenancy at will agreement or rule provisions for a dwelling unit, as defined in section 6021 , are specifically declared to be unenforceable and in violation of Title 5, section 207 : A. Any provision that absolves the landlord from liability for the negligence of the landlord or the landlord's agent; B. Any provision that requires the tenant to pay the landlord's legal fees in enforcing the lease or tenancy at will agreement; C. Any provision that requires the tenant to give a lien upon the tenant's property for the amount of any rent or other sums due the landlord; D. Any provision that requires the tenant to acknowledge that the provisions of the lease or tenancy at will agreement, including tenant rules, are fair and reasonable; E. Any provision that requires the tenant to pay a fee, penalty or other charge for the act of discontinuing tenancy, unless the fee, penalty or other charge is: (1) To recover reasonable expenses related to securing another tenant in circumstances in which the initial tenant has breached provisions of the lease or tenancy at will agreement related to notice required before discontinuing tenancy; (2) To collect unpaid rent due the landlord by the tenant; or (3) To recover reasonable expenses incurred in the repair of damage to a dwelling unit caused by the tenant. Retention of a security deposit or any portion of a security deposit for reasons permitted under section 6033 does not constitute a fee, penalty or other charge for the act of discontinuing tenancy; and F. Any provision that requires the tenant to pay an optional recurring fee in violation of section 6030‑I or 6030‑J or a mandatory recurring fee in violation of section 6030‑J . 3. Exception. Notwithstanding subsection 2, paragraph B , a lease or tenancy at will agreement or rule provision that provides for the award of attorney's fees to the prevailing party after a contested hearing to enforce the lease or tenancy at will agreement in cases of wanton disregard of the terms of the lease or tenancy at will agreement is not in violation of Title 5, section 207 and is enforceable. 4. Total price disclosure. A lease or tenancy at will agreement is unenforceable if the landlord does not receive a signed copy of the total price disclosure as required by section 6030‑J .
Maine law under 14 M.R.S. §§ 6021–6030 prohibits landlords from including certain provisions in residential leases or tenancy-at-will agreements. Specifically, the law declares unenforceable any clause that waives tenant rights established under Maine's landlord-tenant chapters, shields a landlord from their own negligence, forces tenants to pay the landlord's legal fees (with a narrow exception for wanton disregard cases), requires tenants to acknowledge lease terms as 'fair and reasonable,' imposes improper move-out fees, or includes recurring fees that violate sections 6030-I or 6030-J. Additionally, a lease is unenforceable if the landlord fails to obtain a signed total price disclosure as required by section 6030-J. These violations constitute unfair and deceptive trade practices under Maine's consumer protection law, Title 5, section 207.
Plain English — not legal advice.
Operators subject to 14 M.R.S. §§ 6021–6030 generally review their lease templates to ensure no clause attempts to waive statutory tenant rights, absolve the landlord of negligence liability, or require tenants to pre-acknowledge lease terms as fair. Compliant landlords also ensure that any move-out fees are limited to recovering documented reasonable expenses—such as re-letting costs after a notice breach, unpaid rent, or repair of tenant-caused damage—and do not charge optional or mandatory recurring fees in violation of sections 6030-I or 6030-J. Obtaining a signed total price disclosure as required by section 6030-J is a prerequisite for lease enforceability, making that step a standard part of the lease execution process.
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. §§ 6021–6030, tenants have the right to refuse or challenge lease provisions that waive their statutory rights, require them to pay a landlord's attorney's fees outside the narrow wanton-disregard exception, impose improper move-out fees, or include recurring fees that violate sections 6030-I or 6030-J. Because violations of this provision also constitute unfair and deceptive trade practices under Title 5, section 207, tenants may have access to Maine's consumer protection enforcement pathways in addition to landlord-tenant remedies. Tenants who believe a lease contains one of these prohibited clauses may consider raising the unenforceable provision as a defense in any proceeding to enforce it, filing a complaint with the Maine Attorney General's consumer protection division, or consulting a tenant-rights organization for general information about available options.
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
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Rules and statutes cited by this regulation
References In
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