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Maine mold laws and tenant rights

Maine Mold Laws and Tenant Rights

Everything you need to know about mold regulations, tenant protections, and landlord responsibilities in Maine.

Last updated: 2026-02-03

Overview

Maine now has a mold-specific habitability law. LD 1927 was enacted on January 11, 2026 as Public Law 2025, chapter 515, adding mold to the implied warranty and covenant of habitability in 14 MRSA Section 6021. Tenants can rely on this explicit mold protection in addition to Maine's general habitability requirements. [Maine Legislature - LD 1927 Text and Status]

What to Do Now

Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.

  • Fix active leaks immediately and dry wet materials within 24 to 48 hours.
  • Document visible mold with photos, dates, and affected rooms before cleanup.
  • If you rent, send written notice and keep copies. Use the documentation guide to track everything.
  • Compare your options in the DIY vs professional guide before starting larger cleanup.
  • If symptoms are present, review when to seek medical care.

Tenant Rights

Right to Habitable Housing

Maine tenants have the right to live in a rental unit that is fit for human habitation. The landlord must promise that the home is safe and healthy to live in. This includes the duty to address mold problems that impact tenant health or safety.

[Maine Legislature - 14 MRSA Section 6021]

Right to Request Repairs

Tenants have the right to notify their landlord in writing about conditions that endanger health or safety, including mold problems. The landlord must take prompt, effective steps to repair or remedy the condition after receiving notice.

[Pine Tree Legal Assistance]

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Landlord Responsibilities

Maintain Habitable Premises

Landlords in Maine must maintain rental properties in a condition fit for human habitation. This includes addressing mold problems that impact tenant health or safety. Landlords are responsible for mold issues the tenant did not cause.

[Maine Legislature - 14 MRSA Section 6021]

Respond to Repair Requests

Landlords must take prompt, effective steps to repair or remedy conditions that endanger or materially impair the health or safety of tenants after receiving written notice. Failure to respond reasonably can result in court action and remedies against the landlord.

[Pine Tree Legal Assistance]

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Remedies Available to Tenants

Rent Withholding

Available: Tenants may pursue rent withholding through the court system. If a landlord breaches the implied warranty of habitability, the court may determine the fair value of occupancy and order the landlord to rebate rent paid in excess of that value. Tenants should not simply stop paying rent without court involvement, as this could result in eviction. Tenants must have been current on rent at the time written notice of the condition was given to the landlord.

[Maine Legislature - 14 MRSA Section 6021]

Repair and Deduct

Available: If the landlord fails to repair a condition that endangers health and safety, and the cost of compliance is less than $500 or half the monthly rent (whichever is greater), the tenant may send written notice by certified mail of intent to correct the condition. If the landlord does not make repairs within 14 days (or immediately in emergencies), the tenant may hire licensed professionals to make the repairs and deduct the fair and reasonable cost from rent. The tenant must provide an itemized statement to the landlord. Electrical, oil burner, or plumbing work must be done by licensed professionals.

[Maine Legislature - 14 MRSA Section 6026]

Breaking a Lease Due to Mold

Tenants may be able to terminate their lease early without penalty when the rental becomes unsafe or unsanitary due to mold and the landlord ignores repair requests after receiving proper written notice. If the landlord violates the implied warranty of habitability, the tenant may have grounds for termination. The court may authorize temporary vacancy without rent charges during necessary repairs. For tenancies-at-will, either party may terminate with 30 days written notice. Additionally, if radon levels exceed 4.0 picocuries per liter, either party may terminate with 30 days notice under 14 MRSA Section 6030-D. [Maine Legislature - Chapter 710 Rental Property]

Documentation and Escalation

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Mold Risk in Maine

Understanding Maine's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.

Record Heat and Increasing Humidity

Last year (2024) was Maine's hottest on record, with midsummer and late fall heatwaves driving the average annual statewide temperature 5 degrees above the historical average. Warmer air holds more moisture, so humidity has increased along with rising temperatures. Since 1950, Maine summers have seen an average increase of 4 to 6 degrees in equivalent temperature.

Coastal Humidity and Flooding Increase Risk

Summer humidity in Maine often ranges between 60% to 80%, particularly in coastal areas like Bar Harbor, Portland, and Rockland. Proximity to the Atlantic Ocean means additional ambient moisture year-round. Climate change has increased rainfall intensity, leading to more inland flooding, property damage, and mold growth.

Mycotoxin Concerns in Southern Maine

For homeowners across Southern Maine, indoor air quality has become a growing concern, especially in older homes or properties exposed to coastal humidity. Molds that produce mycotoxins—toxic compounds that can cause long-term health issues—thrive in moisture-heavy environments like basements, attics, and waterfront homes.

Tight Home Construction Issues

At greater risk are newer homes built with tight windows and dense insulation for energy efficiency. Experts report finding huge issues in tightly built homes, mainly because they are not ventilated properly. This creates moisture traps that promote mold growth.

Remediation Costs

A small closet can cost $1,000 to remediate, while a whole house can be $50,000 to $70,000. Cleaning up mold typically is not covered by insurance unless the damage is caused by a sudden, accidental loss such as a tree falling on a roof and creating a leak.

Common Mold Types in Maine

Maine's coastal humidity, increasing rainfall intensity from climate change, and aging housing stock create persistent mold challenges. Tightly built energy-efficient homes can trap moisture when not properly ventilated. Coastal communities face additional risk from flooding and storm surge.

Cladosporium

Moderate Health Risk

Most common outdoor and indoor mold in Maine. Thrives in cool, damp coastal conditions. Frequently found on window frames, bathroom surfaces, and basements. Major allergen.

Aspergillus

Moderate Health Risk

Common in Maine homes with moisture issues. Found in HVAC systems, basements, and water-damaged buildings. Can cause aspergillosis in immunocompromised individuals.

Penicillium

Moderate Health Risk

Spreads rapidly in water-damaged materials. Common in older Maine homes after flooding or plumbing leaks. Causes respiratory symptoms and allergic reactions.

Stachybotrys chartarum (Black Mold)

High Health Risk

Requires sustained wet conditions. Found in Maine homes after flooding events or chronic leaks. Produces mycotoxins associated with serious respiratory problems.

Alternaria

Moderate Health Risk

Common in damp areas like showers and basements. Prevalent in Maine due to coastal humidity and older housing stock.

Mold Professional Requirements in Maine

Mold Legislation in Maine

Enacted laws, pending bills, and historical legislation related to mold in Maine.

Enacted Laws

LD 1927: An Act to Add Mold to the Implied Warranty and Covenant of Habitability

Enacted2026

Adds mold to the implied warranty and covenant of habitability under 14 MRSA Section 6021.

Impact: Makes mold an explicit habitability issue statewide and strengthens tenant remedies when mold conditions endanger health and safety.

Implied Warranty of Habitability

Under Maine law, in any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation. If a condition exists that endangers or materially impairs the health or safety of the tenants, and the condition was not caused by the tenant, the tenant may file a complaint in District Court or Superior Court. The tenant must have given written notice to the landlord, and the landlord must have unreasonably failed to take prompt, effective steps to repair or remedy the condition. [Maine Legislature - 14 MRSA Section 6021]

Mold Disclosure Requirements

Maine does not have a specific mold disclosure requirement for landlords. However, landlords must disclose lead-based paint hazards in properties built before 1978 (federal requirement), radon gas testing and mitigation information, bed bug infestations in adjacent units, and smoking policies on the premises. While mold is not specifically required to be disclosed, landlords have a general duty to provide habitable housing free from health hazards. [MaineHousing - Landlord Obligations]

Local Regulations

Some cities in Maine have additional mold regulations:

Local regulations are available with the Mold Toolkit

1 city-specific regulations

Major City Mold Guides

Start with a local guide, then review the full Maine mold law details.

Financial Assistance for Mold Remediation

These programs may help cover the costs of mold assessment and remediation for eligible residents in Maine.

USDA Section 504 Home Repair Program

Provides loans up to $50,000 and grants up to $10,000 for very low-income homeowners to repair, improve, or modernize their homes, including mold remediation.

Eligibility: Very low-income homeowners (below 50% of area median income). Grants limited to homeowners age 62 or older.

Coverage: Loans: up to $50,000 at 1% interest for up to 20 years. Grants: up to $10,000.

Phone: 1-800-670-6553Learn More →

MaineHousing Home Repair Program

Provides assistance for essential home repairs including addressing moisture and mold issues for eligible Maine homeowners.

Eligibility: Maine homeowners meeting income guidelines

Phone: 207-626-4600Learn More →

University Extension Resources

These research-based resources from university extension programs provide reliable information on mold prevention and remediation.

Frequently Asked Questions

Does Maine have a specific mold law?

No, Maine does not have a specific statewide mold law. However, mold issues are covered under the implied warranty of habitability (14 MRSA Section 6021), which requires landlords to maintain rental units in a condition fit for human habitation. Mold that endangers health or safety violates this warranty.

What should I do if I find mold in my Maine rental?

First, notify your landlord in writing about the mold problem and request repairs. Ask them to find and fix the water source causing the mold and remediate any damage. Keep copies of all communications. If your landlord does not respond, you can contact your local code enforcement officer or health officer to request an inspection, or contact the Maine Indoor Air Quality Council for guidance.

Can I withhold rent if my landlord refuses to fix mold in Maine?

You should not simply stop paying rent, as this could result in eviction. However, you can pursue rent remedies through the court system. If you file a habitability complaint and the court finds your landlord breached the warranty, the court may order a rent rebate for the period the mold condition existed. You must have been current on rent when you gave written notice of the problem.

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Official Resources

These official resources can help you understand your rights and take action: