Landlord retaliation law in Maine: the 6-month presumption in the eviction statute

Which tenant acts trigger the presumption?

Subsection 3 lists acts within 6 months before the action was commenced. The tenant asserted rights under specific listed sections of Title 14 (6015, 6016, 6021, 6030-D, 6030-I or 6030-J). The tenant, or someone on the tenant's behalf, complained in good faith to a body that enforces a building, housing, sanitary or other code about conditions affecting the dwelling, or such a body filed a notice or complaint. The tenant complained in writing, or made a written request in good faith, to the landlord for repairs required by a code, by section 6021 or by the rental agreement. Before being served with an eviction notice, the tenant filed in good faith a fair housing complaint with a reasonable basis with the Maine Human Rights Commission or HUD. Before being served with an eviction notice, the tenant gave notice that the tenant or the tenant's minor child is a victim, or reported sexual harassment by the landlord or the landlord's agent to the landlord, law enforcement, the Commission or a court.

What does the presumption do?

The presumption is rebuttable, and the statute says a writ of possession may not issue in the absence of rebuttal. Two limits apply. If the action is brought for a reason in section 6002, subsection 1, the 7-day grounds such as substantial damage, a nuisance, rent 7 days or more in arrears, violence or an unauthorized occupant, or for violation of a lease provision, the presumption does not apply, unless the tenant has asserted a right under section 6026. Separately, subsection 4 says no writ may issue when the tenant proves that the action was commenced in retaliation for membership in an organization concerned with landlord-tenant relations.

Example a made-up tenant sends a written repair request on Monday, November 2, 2026. Any eviction action commenced from then through Sunday, May 2, 2027 falls within the 6 months. A 30-day no-cause notice served in that span, followed by an action, leans on the landlord to rebut the presumption. The same tenant 7 days behind on rent is a 6002(1) ground, so the presumption does not apply to an action for that reason.

What else can a tenant raise?

Subsection 5 gives a tenant an affirmative defense that the landlord failed to provide a reasonable accommodation under Title 5, chapter 337 or the federal Fair Housing Act. The court denies the action if the landlord had a duty to offer one and did not, and there is a causal link between the accommodation requested and the conduct that is the subject of the case.

• When ending a tenancy at will, use the written reasons and combine a 7-day ground only if it is real, as 6002 allows.
• Keep the rent ledger for any arrears ground, and keep dated photos for damage grounds.
• Log written repair requests and your responses, since a written request is itself a trigger.
• Record when a lease violation occurred and when you first noticed it.

Where does DoorKeeping fit?

DoorKeeping keeps the maintenance requests, tenant messages, rent ledger and notices for each unit in one timeline, so the date of a complaint and the date of your next action sit side by side. That record is what you show a judge. You decide and act yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if a tenant raises retaliation.

Sources

1. 14 M.R.S. 6001, Availability of remedy (Maine Legislature), read Oct 30, 2026
2. 14 M.R.S. 6002, Tenancy at will; buildings on land of another (Maine Legislature), read Oct 30, 2026

Questions

How long is the Maine retaliation presumption?

6 months before the eviction action was commenced (14 M.R.S. 6001(3)).

Can a Maine writ of possession issue while the presumption stands?

No. A writ may not issue in the absence of rebuttal.

Does the Maine presumption apply to unpaid rent evictions?

Not for the 7-day grounds in 6002(1) or lease violations, unless the tenant asserted a right under section 6026.