Mobile home eviction rules in Maine

Maine's dedicated mobile home park law, 10 M.R.S. Chapter 953, tightly limits when and how a park may end a lot tenancy. Eviction is allowed only for listed reasons, on specified notice, through the court's forcible-entry-and-detainer process. The information below describes how the law generally works; anyone facing a specific notice should consider consulting a licensed attorney in Maine.

What the statute says

10 M.R.S. §9097(1) limits the grounds: "A tenancy may be terminated by a park owner or operator only for one or more of the following reasons," which include nonpayment, failure to comply with the law or reasonable park rules "as long as the tenant first is given written notice ... and a reasonable opportunity to comply," damage beyond normal wear, repeated conduct disturbing the peace or safety of other tenants, condemnation or change of use, and three or more violations in a 12-month period. On nonpayment, paragraph A bars an action for possession "if, prior to the expiration of a notice to quit, the tenant pays or tenders all arrearages due plus 5% of the outstanding rent or a maximum of $5 as liquidated damages."

On notice, §9097(2) provides that a tenancy "may be terminated only by" the tenant or the park owner "giving at least 45 days' notice of termination," except that for nonpayment "the tenancy may be terminated by 30 days' notice" stating the amount owed and that the tenant can stop the termination by paying in full before the notice expires. Retaliation is barred by §9097(1-A): the court "may not order the termination of any tenancy if the tenant proves that the eviction action is primarily in retaliation for" the tenant's participation in a landlord-tenant organization or "assertion of any right under this chapter." And §9097-B requires that "process of forcible entry and detainer pursuant to Title 14, chapter 709 must be used in mobile home evictions," a process that "includes mediation."

How it works in general

A park may end a tenancy only for a §9097(1) reason, and for most reasons must give at least 45 days' written notice that refers to the lease or rule violated and states the reason. For nonpayment, the notice period is 30 days and the tenant can defeat it by paying everything owed before it expires; even after a notice to quit, paying the arrears plus the small statutory surcharge stops a possession action. The park then files a forcible-entry-and-detainer (eviction) case in court, where mediation is available. The court will not order eviction if the tenant proves it is primarily retaliatory. Change-of-use evictions carry their own long notice — generally one year — under §9097(1)(F).

Common scenarios

General examples Maine park residents commonly encounter:

• A 45-day notice arrives citing a rule. It must state the reason and reference the lease or rule; many grounds require a prior chance to cure.
• A 30-day nonpayment notice arrives. Paying all arrears (plus the small surcharge) before it expires stops the eviction.
• A resident is pushed out after complaining. §9097(1-A) bars eviction that is primarily retaliatory.

Other authorities that may apply

Chapter 953 sets the grounds and notice; Title 14, chapter 709 supplies the court eviction (forcible entry and detainer) procedure and its mediation. A tenant cannot be evicted "solely for the purpose of making the tenant's space ... available for a person who purchased a mobile home from the owner" (§9096). Federal protections — the Fair Housing Act and the Servicemembers Civil Relief Act — can also apply, and any lease waiver of these rights is unenforceable (§9097(7)).