Housing · Warranty of habitability
Warranty of Habitability in Maine
What a landlord in Maine must keep livable, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. This is the landlord duty behind the repair-and-deduct remedy. Cited to the statute.
What the warranty of habitability covers in Maine
What the landlord must maintain, whether you can withhold or escrow rent, and the limits on the remedy.
| What the law says | What it means |
|---|---|
| A covenant of fitness, not a list | 14 M.R.S. § 6021 deems every written or oral lease to include a covenant and warranty that the dwelling unit is fit for human habitation. The definition of dwelling unit reaches mobile homes, apartments, and other structures rented for habitation, including their common areas. There is no enumerated list of facilities. |
| The five-element test | To succeed, the tenant must show a described condition that endangers or materially impairs health or safety, that the tenant did not cause it, that written notice was given to the landlord without unreasonable delay, that the landlord unreasonably failed to take prompt effective steps to fix it, and that the tenant was current in rent at the time notice was given. |
| A detailed heat standard | Where the landlord is obliged to provide heat, § 6021(6) makes it a breach if the indoor temperature is so low as to injure the health of ordinary occupants, if the heating facilities cannot maintain at least 68 degrees Fahrenheit three feet from exterior walls and five feet above the floor at an outside temperature of minus 20 degrees Fahrenheit, or if the heating is not run to protect building systems from freezing. |
| Where it does not apply | What it means |
|---|---|
| A priced waiver of identified defects | Section 6021(5) lets a tenant accept specified conditions that may violate the warranty in return for a stated rent reduction or other fair consideration, and that agreement binds both parties. Any other agreement to waive rights under the section is void. So Maine permits a priced waiver of named defects and voids everything else. |
| A negotiated lower heat floor, with limits | Section 6021(6-A) allows a written agreement for less than 68 degrees, but it must be a separate 12-point document signed by both parties, revocable on reasonable notice, set a minimum of no less than 62 degrees, and state a fair rent reduction. It may not be entered or kept in force if anyone over 65 or under 5 lives on the premises. |
| No air conditioning and no consequential damages | Cooling appears nowhere in § 6021. And § 6021(4)(D) bars the court from awarding consequential damages for breach of the warranty of fitness for human habitation, so recovery is limited. |
What you can do right now
Concrete, neutral steps when a rental in Maine is not being kept livable. This is legal information, not legal advice.
- Stay current and give written notice
Because the test requires you to be current in rent when notice is given, keep your payments up and put the problem in writing without unreasonable delay. Date it and keep a copy.
- Document the health or safety impact
The condition must endanger or materially impair health or safety. Take photos or video, keep any inspection reports, and note temperatures if heat is the issue, since the standard is measured in degrees.
- Check any lower-heat agreement
If your lease lowers the heat floor, confirm it is a separate signed 12-point document, sets no less than 62 degrees, and that nobody over 65 or under 5 lives on the premises. If not, the agreement does not bind you.
- Get Maine tenant help
For advice on the five-element test and the repair-and-deduct remedy under 14 M.R.S. § 6026, Pine Tree Legal Assistance publishes Maine tenant guides and can help before you act.
Withholding rent the wrong way can risk eviction, so a legal aid office can confirm the exact notice and escrow steps before you stop paying.
→ Pine Tree Legal AssistanceThis is general legal information, not legal advice. The notice, the escrow account, and what counts as uninhabitable all matter, so confirm your situation against the statute before withholding rent.
What renters in Maine get wrong about habitability
Maine writes a short covenant and a long heat rule. 14 M.R.S. § 6021 deems every residential lease, written or oral, to warrant that the dwelling unit is fit for human habitation, with no enumerated list of facilities. What Maine adds instead is a five-element pleading test: the tenant must show a described condition that endangers or materially impairs health or safety, that the tenant did not cause it, that written notice was given without unreasonable delay, that the landlord unreasonably failed to act, and, crucially, that the tenant was current in rent when notice was given. That last element quietly excludes many renters. The heat rule is the most detailed in the topic. The default standard is that heating facilities must be able to hold at least 68 degrees Fahrenheit, measured three feet from the exterior walls and five feet above the floor, when it is minus 20 degrees outside. Uniquely, Maine lets the parties negotiate a lower floor, but never below 62 degrees, and never if a person over 65 or under 5 lives on the premises. Air conditioning is not mentioned, and the statute bars consequential damages. The repair remedy at § 6026 covers materials only, capped at the greater of 500 dollars or half a month’s rent.
Common questions
Does Maine have a warranty of habitability?
Yes. 14 M.R.S. § 6021 reads an implied warranty and covenant of habitability into every residential lease, promising the dwelling unit is fit for human habitation. There is no list of facilities. Instead the tenant must satisfy a five-element test.
How warm does my Maine landlord have to keep the unit?
Where the landlord must provide heat, the heating facilities must be able to maintain at least 68 degrees Fahrenheit, measured three feet from exterior walls and five feet above the floor, when it is minus 20 degrees outside. A written agreement can lower the floor to no less than 62 degrees, but not if anyone over 65 or under 5 lives there.
Do I have to be current in rent to use the Maine warranty?
Yes. The five-element test in § 6021 requires the tenant to have been current in rent at the time written notice was given. A tenant behind on rent cannot meet the test, so keep your payments up before raising a habitability claim.
Can a Maine lease waive habitability rights?
Only in a limited, priced way. Section 6021(5) lets a tenant accept specified defects in return for a stated rent reduction or other fair consideration. Any other agreement to waive the section’s rights is void.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.