Tenant Rights in Scarborough, Maine

Want to skip straight to checking your own building? Use the RentCheckMe address checker.

1. Overview: Tenant Rights in Scarborough

Scarborough is one of Maine's fastest-growing towns, situated along the southern coast in Cumberland County just south of Portland. The town's proximity to Portland's job market has driven strong demand for rental housing, making tenant protections under Maine state law especially relevant for the growing number of renters who call Scarborough home.

Maine's landlord-tenant relationship is governed primarily by Title 14 of the Maine Revised Statutes Annotated (M.R.S.A.), which covers security deposits, habitability, eviction procedures, and anti-retaliation rules. Scarborough has not enacted any local tenant protection ordinances beyond what state law provides, so all rights and remedies for tenants flow from state statute.

This page provides an overview of the tenant rights that apply in Scarborough, Maine, including key statutes, deadlines, and resources. This content is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney or contact Pine Tree Legal Assistance.

2. Does Scarborough Have Rent Control?

No Rent Control in Scarborough

Scarborough does not have a rent control or rent stabilization ordinance, and the State of Maine has not enacted any statewide rent control law. Maine law does not preempt local rent control through a single explicit statute, but no Maine municipality of Scarborough's size has adopted such an ordinance, and the Maine Legislature has not created a statewide rent regulation framework.

In practical terms, this means a landlord in Scarborough may increase rent by any amount at the end of a lease term or, for month-to-month tenancies, with at least 45 days' written notice before the next rental period begins (14 M.R.S.A. § 6015). There is no cap on how much rent can be raised and no requirement that a landlord justify the increase. Tenants who receive a rent increase notice have the option to accept the new terms, negotiate, or provide the required notice to vacate.

3. Maine State Tenant Protections That Apply in Scarborough

Implied Warranty of Habitability (14 M.R.S.A. § 6021)
Maine law requires landlords to maintain rental units in a safe, sanitary, and habitable condition throughout the tenancy. This includes functioning plumbing, heat capable of maintaining a minimum of 68°F when outdoor temperatures require it, working electrical systems, weatherproofing, and freedom from infestations. If a landlord fails to meet this standard, a tenant may pursue rent withholding or repair-and-deduct remedies after providing written notice and a reasonable time to repair.

Repair-and-Deduct & Rent Escrow (14 M.R.S.A. §§ 6021, 6026)
After giving the landlord written notice of a habitability defect and allowing reasonable time (at least 14 days for non-emergency conditions), a tenant may deposit rent into an escrow account with the District Court or pursue an action to compel repairs. In cases of emergency defects posing immediate risk to health or safety, the notice period may be shorter.

Security Deposit Rules (14 M.R.S.A. §§ 6031–6038)
Maine limits security deposits to two months' rent (14 M.R.S.A. § 6032). Landlords must return the deposit within 30 days after the tenancy ends, along with an itemized written statement of any deductions. Failure to comply entitles the tenant to twice the wrongfully withheld amount plus reasonable attorney's fees.

Notice Requirements (14 M.R.S.A. §§ 6002, 6015)
For month-to-month tenancies, either party must give at least 30 days' written notice to terminate. For fixed-term leases, the lease terms control, but the landlord must give at least 7 days' written notice before commencing an eviction action for nonpayment of rent. A landlord raising rent on a month-to-month tenant must provide at least 45 days' advance written notice.

Anti-Retaliation Protections (14 M.R.S.A. § 6001)
A landlord may not evict, increase rent, or reduce services in retaliation against a tenant who has complained to a code enforcement agency, exercised any legal right, or organized with other tenants. If retaliatory action follows within 6 months of a protected activity, retaliation is presumed, and the burden shifts to the landlord to show a legitimate non-retaliatory reason.

Lockout and Utility Shutoff Prohibition (14 M.R.S.A. § 6014)
Self-help eviction is illegal in Maine. A landlord may not remove a tenant's belongings, change locks, remove doors or windows, or shut off utilities as a means to force a tenant to leave. A tenant subjected to such conduct may obtain an immediate court order restoring possession and sue for actual damages.

4. Security Deposit Rules in Scarborough

Security Deposit Cap
Under 14 M.R.S.A. § 6032, landlords in Scarborough (and throughout Maine) may not collect a security deposit exceeding two months' rent. Any amount collected above that limit must be refunded to the tenant.

Storage and Handling
Maine law does not require security deposits to be held in a separate escrow account, but landlords must keep accurate records of amounts held on behalf of each tenant.

Return Deadline
After the tenancy ends and the tenant vacates, the landlord has 30 days to return the security deposit (14 M.R.S.A. § 6033). If the landlord intends to make deductions, a written itemized statement must accompany any partial return or accompany a notice of full withholding within the same 30-day window.

Allowable Deductions
A landlord may deduct for unpaid rent and for damage beyond normal wear and tear. Routine cleaning and ordinary wear — scuffs on walls, minor carpet wear — may not be deducted.

Penalty for Non-Compliance
If a landlord wrongfully withholds all or part of the deposit or fails to provide a timely itemized statement, the tenant is entitled to twice the amount wrongfully withheld, plus reasonable attorney's fees (14 M.R.S.A. § 6033). Tenants should document the unit's condition at move-in and move-out with dated photographs to support any claim.

5. Eviction Process and Your Rights in Scarborough

Overview
In Scarborough, a landlord must follow Maine's statutory eviction process — called a Forcible Entry and Detainer (FED) action — to remove a tenant. Self-help eviction is illegal under 14 M.R.S.A. § 6014.

Step 1 — Written Notice
Before filing in court, the landlord must deliver written notice to the tenant. The required notice period depends on the reason for eviction:

• Nonpayment of rent: 7-day written notice to pay or quit (14 M.R.S.A. § 6002(1)).
• Lease violation: Reasonable written notice to cure or quit; typically 7–30 days depending on the violation.
• No-fault / end of tenancy: 30 days' written notice for month-to-month tenancy (14 M.R.S.A. § 6002(1)).

Step 2 — Filing the FED Action
If the tenant does not comply after the notice period, the landlord may file a Forcible Entry and Detainer complaint in Maine District Court (Cumberland County District Court for Scarborough). The court will schedule a hearing, typically within 10–14 days of filing.

Step 3 — Court Hearing
Both the landlord and tenant have the right to appear, present evidence, and argue their case. Tenants who do not appear risk a default judgment. Tenants may raise defenses including improper notice, retaliatory eviction, or uninhabitable conditions.

Step 4 — Writ of Possession
If the court rules for the landlord, a Writ of Possession is issued. A sheriff or deputy may enforce the writ, but the landlord may not personally remove the tenant or their belongings. The writ is typically executable 7 days after judgment.

Self-Help Eviction Is Illegal
Changing locks, removing doors, shutting off heat or electricity, or removing a tenant's belongings without a court order violates 14 M.R.S.A. § 6014. A tenant subjected to self-help eviction may seek an emergency court order restoring possession and may sue for actual damages and attorney's fees.

6. Resources for Scarborough Tenants

• Pine Tree Legal Assistance — Maine's statewide free civil legal aid organization for income-eligible residents. Handles eviction defense, habitability, and security deposit disputes. Serves Cumberland County including Scarborough.
• Maine State Housing Authority (MaineHousing) — State agency providing rental assistance programs, emergency housing resources, and information on tenant and landlord rights in Maine.
• Maine District Court — Portland (Cumberland County) — The court where Forcible Entry and Detainer (eviction) cases for Scarborough are filed. Offers self-help resources and court forms for tenants and landlords.
• Maine Legal HelpLine — A telephone and online legal assistance resource operated by Pine Tree Legal Assistance and Maine State Bar Association Volunteer Lawyers Project for Maine residents facing civil legal issues including housing.
• Scarborough Code Enforcement Office — Local authority for reporting habitability and building code violations. Tenants can file complaints about unsafe or substandard rental housing conditions.

Frequently Asked Questions