Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Windham is one of Maine's fastest-growing towns, situated in Cumberland County about 15 miles northwest of Portland. The town's proximity to Portland has driven significant residential development, and a substantial portion of Windham residents rent their homes — a number that has grown alongside the regional housing demand. Renters in Windham are protected exclusively by Maine state landlord-tenant law, codified primarily in Title 14 of the Maine Revised Statutes (M.R.S.), as the Town of Windham has not enacted any local housing ordinances that go beyond state requirements.
Maine state law covers the full range of landlord-tenant relationships: security deposit limits and return deadlines, habitability standards, eviction procedures, anti-retaliation protections, and prohibitions on self-help evictions such as lockouts and utility shutoffs. Renters searching for information about rent increases, lease termination, or repairs will find that Maine's statutes are the controlling authority in Windham.
This page is intended as an educational overview of tenant rights in Windham, Maine. It is not legal advice. Laws can change, and individual circumstances vary. Renters facing urgent housing issues should contact a qualified attorney or a free legal aid organization such as Pine Tree Legal Assistance.
No Rent Control in Windham
Windham has no local rent control or rent stabilization ordinance. Unlike some states that expressly preempt municipalities from enacting rent control (such as Florida's F.S. § 125.0103), Maine law does not contain a blanket statewide preemption of local rent control measures. However, Windham has simply chosen not to enact any such ordinance, meaning landlords in Windham may raise rents by any amount with proper notice.
In practice, this means that when a lease term ends or during a month-to-month tenancy, a landlord may increase rent provided they give the tenant at least 45 days' written notice under 14 M.R.S. § 6015 (as amended by P.L. 2023, ch. 359, effective August 2023). There is no cap on the percentage or dollar amount of a rent increase for most private residential units in Windham. Tenants who receive a rent increase notice should review their lease carefully and consider whether they wish to accept the new terms or vacate the unit with proper notice.
Habitability (Implied Warranty of Habitability)
Under 14 M.R.S. § 6021, Maine landlords are required to maintain rental units in a fit and habitable condition throughout the tenancy. This includes maintaining structural soundness, functioning heating systems capable of providing adequate warmth, proper plumbing and hot water, freedom from infestation, and compliance with applicable health and safety codes. If a landlord fails to meet these obligations, a tenant may pursue rent withholding or repair-and-deduct remedies after proper notice.
Security Deposit Rules
Maine limits security deposits to two months' rent (14 M.R.S. § 6032). Landlords must return the deposit — along with a written, itemized statement of any deductions — within 21 days after the tenancy ends, or within 30 days if the lease expressly provides for that longer period (14 M.R.S. § 6033). Failure to comply entitles the tenant to recover twice the amount wrongfully withheld.
Notice Requirements
For month-to-month tenancies, either the landlord or tenant must give at least 30 days' written notice to terminate the tenancy (14 M.R.S. § 6002). For week-to-week tenancies, 7 days' notice is required. A landlord seeking to raise rent must provide at least 45 days' advance written notice under 14 M.R.S. § 6015.
Anti-Retaliation Protections
14 M.R.S. § 6001 prohibits landlords from retaliating against tenants who exercise legal rights — such as complaining to a code enforcement officer, contacting a housing authority, or organizing with other tenants. Retaliatory conduct includes unjustified rent increases, reduction of services, or initiation of eviction proceedings. A court may award actual damages, up to two months' rent, and attorney's fees to a tenant who proves retaliation.
Lockout and Utility Shutoff Prohibition
Maine law strictly prohibits self-help evictions. Under 14 M.R.S. § 6014, a landlord may not remove a tenant's belongings, change the locks, or shut off utilities as a means of forcing a tenant to vacate. Landlords who engage in these practices may be liable for actual damages plus a civil penalty of up to $250 per day.
Security Deposit Cap
Maine limits security deposits to a maximum of two months' rent for most residential tenancies (14 M.R.S. § 6032). A landlord in Windham may not collect more than this amount at the start of a tenancy, regardless of what the lease says.
Return Deadline
After a tenancy ends, the landlord must return the deposit — or the remaining balance — plus a written, itemized list of any deductions within 21 days (14 M.R.S. § 6033). If the written lease expressly provides for it, the deadline may be extended to 30 days. The clock starts when the tenant vacates the unit and returns possession to the landlord.
Allowable Deductions
Landlords may deduct from the deposit for unpaid rent, damage beyond ordinary wear and tear, and other lease violations — but must provide an itemized written statement explaining each deduction. Deductions for normal wear and tear (minor scuffs, typical carpet wear, etc.) are not permitted.
Penalty for Non-Compliance
If a landlord wrongfully withholds any portion of the security deposit or fails to return it within the statutory deadline without providing an itemized statement, the tenant is entitled to recover double the amount wrongfully withheld, plus costs, under 14 M.R.S. § 6033. Tenants should document the condition of the unit at move-in and move-out with photos and written records to support any deposit dispute.
Overview of the Eviction Process in Windham
Evictions in Windham follow Maine's Forcible Entry and Detainer (FED) procedures, codified in 14 M.R.S. §§ 6001–6013. A landlord must follow each step of the legal process and may not resort to self-help measures.
Step 1 — Notice to Quit
Before filing in court, the landlord must serve the tenant with a written notice. The required notice period depends on the reason for eviction:
Step 2 — Filing a Complaint
If the tenant does not cure the violation or vacate after the notice period expires, the landlord may file a Forcible Entry and Detainer complaint in Maine District Court (Cumberland County District Court for Windham). The court will schedule a hearing, typically within 14 to 21 days of filing.
Step 3 — Court Hearing
Both parties appear before a judge. The tenant has the right to present defenses, including improper notice, retaliation (14 M.R.S. § 6001), discrimination, or uninhabitable conditions. If the landlord prevails, the court issues a judgment for possession.
Step 4 — Writ of Possession
After judgment, the landlord must wait for any appeal period to pass before requesting a Writ of Possession. A sheriff or constable — not the landlord — may then enforce the writ and remove the tenant if necessary.
Self-Help Eviction is Illegal
A landlord may never lock a tenant out, remove their belongings, or shut off utilities to force them to leave (14 M.R.S. § 6014). Tenants subjected to self-help eviction may sue for actual damages and up to $250 per day in civil penalties.
Just Cause
Maine does not require a landlord to have just cause to end a month-to-month tenancy, except where anti-retaliation or anti-discrimination protections apply. Tenants who believe an eviction is retaliatory should assert that defense in court under 14 M.R.S. § 6001.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Landlord-tenant laws change, and the application of any law depends on the specific facts of your situation. Renters in Windham, Maine with questions about their rights or a specific housing problem should consult a licensed Maine attorney or contact a free legal aid organization such as Pine Tree Legal Assistance. RentCheckMe makes no warranties regarding the accuracy, completeness, or currency of the information presented here.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.