As providers of rental housing, and as proud members of MAOMA, we recognize that we have important safety, ethical and legal responsibilities and obligations.  In the way we operate our apartment rental businesses, and in how we interact with applicants, residents and the general public, we pledge the following:

• At all times, we will be pleasant, courteous, honest and fair.  In dealing with any complaints, concerns or problems brought to our attention, we will be guided by the concept of mutual respect between landlord and tenant and will act in a manner that reflects positively on the rental industry.

• We will cooperate with other MAOMA members in providing an exchange of information and we will support the educational efforts of MAOMA and its affiliated chapters.

• We will support MAOMA’s lobbying efforts in the state legislature that help to insure that Maine’s landlord/tenant laws are practical and fair for all.

• We will endeavor to become knowledgeable about and comply with local, state and federal laws, codes and regulations that pertain to or have an impact on rental housing.

• We will not discriminate in the advertising and rental of housing because of familial status, handicap, religion, sex, national origin/ancestry, race or color, or because an individual is a recipient of public assistance.

  General exceptions: These rental properties are exempt from Fair Housing Laws:

  • One unit of a two unit house, occupied by the owner, rented without professional assistance and without discriminatory advertisements
  • Four or fewer rooms of a house occupied by the owner, and rented without discriminatory advertisements
  • Non-commercial housing by religious groups
  • Qualified housing for older persons.  The law regarding familial status does not apply to housing for older persons.  To qualify for this adult only status, every resident must be 62 or over and the complex must be designated for older persons, or at least one person in 80 percent of the units must be 55 or over.

• We will not steer or try to influence an applicant’s decision.  We will show all the available apartments and not suggest that one apartment or complex might be better for the applicant than another.  We will let the applicant decide.

• We believe in the value of a written rental policy statement that we can show to applicants and that will help to prove we do not discriminate.  It can state that we do not discriminate and that we fully comply with federal and state Fair Housing laws.  Typically, such statements also include rental criteria, application process, occupancy guidelines, and apartment availability policy.

• We will use the same tenant selection criteria for everyone. (For example, maximum number of people to occupy a particular apartment, minimum allowed income, and standards for rental history, credit history, criminal history, and guarantors.

• We will use the same screening/investigation procedures for all qualified applicants.  (For example, credit history, rental history, criminal history, and job verification checks).

•  We recommend using the same method of evaluating rental applications for everyone. (For example, a point system).

•  We will not inquire about familial status.  However, inquiring about total number of occupants is acceptable.

•  We will not inquire about disabilities.  Even if the prospect brings up the subject, we will be careful not to ask questions about the disability, although we may discuss our community’s policies and the apartments we have available.

•  If requested by the handicapped, we will not refuse to make reasonable accommodations of rules, policies, practices or services.  (An accommodation is considered reasonable when a need is confirmed and when it does not impose an undue financial or administrative burden or require a fundamental change in the nature of the housing services that we provide.  Remember, we must wait for the applicant or resident to ask for an accommodation before we can offer to provide it.  Handicapped people have both rights and responsibilities.  One of their responsibilities is to ask for special help when they need it.

•  When verifying the need for accommodation, we will not ask about the nature or severity of the handicap.  Instead, we will focus on the functional limitation and the extent to which the requested accommodation can help to overcome it.  We have a right to ask the prospect or resident to either write a letter or to fill out a form stating the functional limitation and the requested accommodation.  The letter or form should also ask for the name, address and phone number of the health care provider and grant us permission to verify with the resident’s doctor or health care provider that:  1) the resident has a functional limitation and is disabled as defined by federal law; and 2) the requested accommodation is not just nice but necessary.

•  We will allow handicapped renters, at their expense, to make reasonable modifications of living areas, exterior premises or common areas.  (However, the landlord may require the handicapped tenant, upon vacating the property, to restore the interior of the rental apartment to the condition that existed before the modification. Also, a landlord may require an escrow fund to guarantee and/or pay for return modifications in the rental unit when a person leaves.  A landlord may not condition permission to make modifications to public and common use areas on the renter agreeing to restore such areas to the condition before modification.)

•  We will not put in our leases any of the following lease provisions that are unenforceable and are violations of the Maine Unfair Trade Practices Act:
  • Any provision that absolves the landlord from liability for the negligence of the landlord or the landlord’s agent;
  • Any provision that requires the tenant to pay the landlord’s legal fees in enforcing the rental agreement.  (An exception to this is any provision that authorizes, but does not require, award of attorney’s fees to the prevailing party after a contested hearing to enforce the rental agreement in cases of wonton disregard of the terms of the rental agreement.  Examples of wonton disregard are:  termination of the tenancy without cause, destruction of the premises, assaulting the property manager, or possibly even failure to pay rent.)
  • 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: and,
  • Any provision that requires the tenant to acknowledge that the provisions of the rental agreement, including tenant rules, are fair and reasonable.

•  We will not assess a penalty for the late payment of rent, unless we gave the tenant written notice at the time they entered into the rental agreement that a penalty, up to but not exceeding 4% of one month’s rent, may be charged if payment is not made within 14 days from the time the payment is due.

•  We will provide at least 45 days’ written notice prior to any rent increase.  Note: The notice must be received prior to the effective date.  In the case of Section 8, a 60 days’ notice is required.

• We will correct hazards as soon as we learn of them.  We will not rely on the fact that a hazard is obvious and the tenant knows about it.  We will not delay repairs because the tenant is being evicted.  Timely maintenance helps to prevent lawsuits.

•  We will not deny the rights of tenants to repair serious problems and to deduct the cost (up to $250 or one-half of the monthly rent, whichever is greater) from the rent.  (Note:  Maine law requires that, except for an emergency, tenant must first notify the landlord in writing of his/her intention to correct the condition at landlord’s expense.  If we fail to comply within 14 days after being notified by the tenant in writing by certified mail, return receipt requested, or as promptly as conditions require in case of an emergency, the tenant may cause the work to be done with due professional care and with the same quality of materials as are being repaired.  Certain repairs (electrical, oil burner or plumbing equipment repairs) must be done by licensed professionals.)*

•  We will not disclaim the Maine Warranty of Habitability unless the lease specifically charges a lower rent in return for unsafe conditions. Excluding such exception, we will maintain our rental properties in a safe, peaceful and habitable condition and make sure they comply with health, safety, and fire codes.  The dwelling unit’s heating facilities will be capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit. The plumbing, electrical and hot water systems will be in good and safe working order.  We will install the required number of hard-wired, battery backup smoke detectors, some of which must be interconnected, and promptly replace or repair inoperable detectors.  We will install sprinkler systems, if required.  We will provide two approved means of egress from each apartment and check for blocked exits.  Common stairs and hallways will be adequately lit at all times. We will routinely check for and act to correct, when aware of them, other health and safety hazards such as insect infestations, a leaking roof, steps, railings and floor boards in disrepair, broken window panes, cluttered hallways, improperly stored solvents, oily rags and other flammables in the basement, slippery steps and walkways, etc.

• Renovations can cause lead poisoning.  It only takes a small amount of lead-contained dust to poison a child.  Therefore, we will use safe maintenance practices when renovating or performing maintenance activities.  These include choosing methods that don’t generate dust, if possible; working in small, contained areas; and cleaning up after the job is completed.

• We will notify existing tenants, in writing, about renovations and remodeling activities in pre-1978 housing, before the work begins, but no earlier than 60 days before the renovation.  We will follow the special EPA’s regulations for renovations and again provide the pamphlet “How to Protect Your Family From Lead in Your Home”.  These regulations became effective as of June 1, 1999.  They apply to a landlord performing work in his/her building.  They also apply to anybody performing work for a trade or for barter, or for any kind of compensation, whatsoever.  Note:  When hiring an outside contractor to renovate apartments or common areas, the contractor must give the required information to both landlord/manager and tenants.  Lead, if contained, is a housing issue.  If not contained and poisoning occurs, it becomes a health issue.

•  We will routinely oversee our properties to ensure that peace and quiet, law and order, and safety are maintained.

•  Other than in an emergency, we will not enter a resident’s apartment without first obtaining permission or without first leaving a 24-hour written notice.

•  We will not unfairly require the tenant to pay for common area electricity or other common area utilities.

•  If it becomes necessary to evict a resident, we will follow the procedures outlined in Maine law.  (Because of the law’s complexity and need for accuracy, we will preferably use a lawyer who is knowledgeable in this area, and/or use for reference and guidance, our previous experiences and the Maine Eviction Manual which is available to all MAOMA members.  The Maine Eviction Manual is not to be used as a substitute for the advice of a lawyer.)

•  We will not forcibly evict tenants by changing the locks, removing their belongings, or cutting off their utilities.  Only an enforcement officer can force a tenant to leave, and this can be done only after the court orders an eviction.

•  We will not evict a tenant for complaining about living conditions within the dwelling unit that may constitute a violation of a building, housing, sanitary or other code, ordinance, regulation or statute.

•  We will not evict a tenant in retaliation for membership in an organization concerned with landlord-a tenant relationships.

• We will abide by the Federal and Maine Fair Credit Reporting Acts.  Specifically, we will:
  • furnish the following statement to the applicant in writing, or in the same manner the application is made, prior to requesting a credit report:  “Credit reports may be obtained in connection with the application.  Upon your request, you will be informed of the name and address of the consumer reporting agency that furnished the report.”
  • request an applicant’s signed permission to get a credit report;
  • send a notice to applicants we reject, giving the reasons we denied their application, the name, address and phone number of the consumer reporting agency that provided the report and the applicant’s rights under federal law; and
  • if we report delinquent rent or other monies owed to a credit bureau or to a tenant-screening firm that reports to a credit bureau, we will do it accurately and will correct and update information on a timely basis.

• We will not charge a tenant for the months remaining on the lease, after the tenant is evicted or leaves, unless a reasonable effort is made to re-let the premises.  Neither will we charge for the months remaining on the lease if we expressly agreed to accept a surrender of the premises and end the tenant’s liability.

• We will not dispose of tenant’s abandoned or unclaimed property (following the tenant’s vacating the rental unit) other than by following the procedures outlined in Title 14, Section 6013 and in 33 M.R.S.A. Section 1818 of Maine law.

• In compliance with 14 MRSA 6032, we will not require a security deposit greater than an amount equal to two months rent.  (On move-in, the combination of rent and security deposit cannot exceed the equivalent of three months rent.)*  We understand that we cannot circumvent this prohibition by designating an additional amount as a “last month’s rent” or “pet deposit”.  Any advance deposit is considered to be a security deposit and it cannot exceed two months rent.

• We will not commingle security deposits with personal funds.  (They must be in a separate account.)*

•  In compliance with 14 MRSA 6032, we will return the security deposit to the tenant upon their vacating the premises.  If there is cause for retaining the deposit or any portion of it, we will provide the tenant with a written statement itemizing the reasons for retention:
  • In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement, and
  • In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later.*

  The written statement will be accompanied by a full payment of the difference between the security deposit and the amount retained.  If we do not know the exact final cost for work to be done, we will use an estimate for what the deductions are likely to be and, if necessary, adjust the cost later on.  This will insure that the letter goes out on time.

  Reasons for which we may, under law, retain the security deposit or a portion of it include the cost to return the unit to habitable condition, the cost of storing and disposing of unclaimed property, rent owed, and non-payment of utility charges that the tenant was required to pay directly to the landlord.  We will not deduct the costs of normal wear and tear from the security deposit.

  We will mail the written statement and any payment required to the tenant’s last known address.  We will request a “proof of mailing” from the post office.

•  We will not wrongfully retain security deposits upon termination of the owner’s interest in the dwelling unit (whether by sale, assignment, death, appointment of a receiver or otherwise.)

•  If a tenant pays in cash for the rent and/or security deposit, we will provide properly identified written receipts for each type of payment.  Receipts will be delivered to the tenant at the time the cash payment is accepted.  If either the rent or the security deposit is accepted in more than one installment, instead of a single payment, a separate properly identified receipt shall be given for each payment and each type of payment.*

•  In compliance with the federal Telecommunications Act, we will not deny the installation of an antenna or satellite dish on property that is within a resident’s exclusive control, such as an apartment balcony.  (Residents are not permitted to place an antenna in a common area of the property, such as the roof, unless they have the landlord’s written permission.)

•  We will endeavor to keep good records and copies of all documents.

•  Lastly, we agree that the board of directors of the local MAOMA-affiliated chapter to which we belong may, at their option, suspend any member who fails to abide by these legal, ethical and/or personal-safety laws, rules, codes, regulations and standards.