How Long Does a Forcible Entry and Detainer (Eviction) Take in Maine? Costs & Timeline
In Maine, the complete eviction process, legally called a Forcible Entry and Detainer (FED), typically takes 3 to 6 weeks from the time you file in court. Costs range from $100 for a DIY approach to over $1,500 if you hire an attorney for a contested hearing.
Evicting a tenant is a highly stressful situation for any property owner. When a tenant stops paying rent or severely damages your property in Portland, Bangor, or Lewiston, every day they remain in the unit costs you money. In Maine, the legal eviction process is formally known as a Forcible Entry and Detainer (FED) action. You cannot simply change the locks or turn off the heat; doing so is an illegal 'self-help' eviction that will result in heavy financial penalties against you.
To remove a non-compliant tenant, you must follow the strict legal timeline set by state law. If you miss a step, the judge will dismiss your case, and you will have to start over from the beginning. Navigating the district court system can be confusing, which is why many landlords turn to our USA Lawyer directory to find an experienced Maine eviction attorney to handle the paperwork properly.
Step-by-Step Timeline of an Eviction in Maine
The timeline of an FED action depends heavily on whether the tenant fights the eviction or ignores the court summons. Here is the typical step-by-step process under Maine law.
Step 1: Serving the Notice to Quit
Before you can file an eviction lawsuit, you must give the tenant a formal written notice to leave. Under 14 M.R.S. § 6002, this is typically a 7-day notice for unpaid rent or lease violations, or a 30-day notice to terminate a month-to-month tenancy at will. The eviction clock does not officially start until this notice period entirely expires. If the tenant moves out during this window, the process is over. If they stay, you move to Step 2.
Step 2: Filing the FED Complaint
Once the notice period expires, you must go to your local district court, such as the Maine District Court, Portland or the Maine District Court, Augusta, to file your lawsuit. You will file Form CV-007, Maine, District Court, Residential Complaint for Forcible Entry and Detainer. The court clerk will assign you a hearing date, which is usually scheduled between 10 to 14 days from the date you file.
Step 3: Serving the Court Summons
You cannot personally hand the court documents to the tenant. The law requires a neutral third party, usually a deputy from the local county sheriff's office, to serve the summons. The tenant must be served at least 14 days before the scheduled court hearing. If the sheriff cannot find the tenant after three good-faith attempts, the court may allow you to mail the summons and leave a copy at the property.
Step 4: The Court Hearing (Contested vs. Uncontested)
On the day of the hearing, one of two things will happen:
- Uncontested Eviction: If the tenant does not show up, you automatically win by 'default judgment.'
- Contested Eviction: If the tenant shows up and fights the eviction, the judge will require both of you to attend mediation that same day. If mediation fails, a formal trial happens before the judge. A contested case can delay the timeline by several days or even weeks if the tenant demands a recorded hearing or raises complex legal defenses.
Step 5: The Writ of Possession and 48-Hour Notice
If you win the hearing, the tenant has 7 days to appeal the decision. After those 7 days, if they still have not left, you must request Form CV-195, Maine, District Court, Request for Issuance of Writ of Possession from the clerk. You then take this Writ to the sheriff. The sheriff will serve a final 48-hour notice on the tenant. If the tenant is still inside after 48 hours, the sheriff will physically remove them from the property.
How Much Does an Eviction Cost in Maine?
The total cost of an FED action varies depending on whether you handle it yourself or hire a professional, as well as the fees charged by the specific county.
| Eviction Expense | Estimated Cost in Maine | Description |
|---|---|---|
| Court Filing Fee | $100.00 (plus $5.00 for summons) | The fixed statutory fee required by the Maine District Court to open an FED case, plus $5.00 for Form CV-034, Maine, District Court, Forcible Entry and Detainer Summons. |
| Sheriff Service Fees | $40 - $80 | Fees paid to the county sheriff for serving the initial summons and the final Writ of Possession. |
| Attorney Retainer | $500 - $1,500+ | Lawyer fees for handling the paperwork, mediation, and representing you in front of the judge. |
| Locksmith and Storage | $150 - $500 | Costs to change locks and potentially store abandoned tenant property as required by Maine law. |
Frequently Asked Questions (FAQ)
Can I turn off the utilities to force the tenant out?
Absolutely not. Turning off utilities, changing locks, or removing doors are considered illegal 'self-help' evictions under 14 M.R.S. § 6014. If you do this, a judge can force you to pay the tenant actual damages or $250, whichever is greater, plus their attorney's fees.
What happens to the tenant's abandoned property?
Under 14 M.R.S. § 6013(2), you must store the property safely and send written notice with an itemized list to the tenant, giving them 7 days to respond. If the tenant claims the property within 7 days, you must continue storing it for at least 14 days from the date notice was sent. If the tenant fails to respond within 7 days, you may sell or dispose of the property without further delay.
Do I need a lawyer for an eviction in Maine?
If you own the property in your own name, you can represent yourself pro se. Under 4 M.R.S. § 807(3)(S) and Maine Supreme Judicial Court Administrative Order JB-05-8, sole-member LLCs (or LLCs owned exclusively by a married couple or registered domestic partners) are also permitted to handle FED cases pro se. However, corporations and multi-member LLCs must be represented by a licensed attorney in court.
Can the tenant stop the eviction by paying rent at court?
If you issued a 7-day notice for non-payment, the tenant has the right to cure the default by paying all past-due rent plus any court filing fees and service fees before the writ of possession is issued. If they pay in full, the eviction is usually canceled.
Are evictions suspended during the winter in Maine?
No. This is a common myth. While Maine has strict laws about winter heating, you can still legally evict a tenant during the winter months using the standard FED process.
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