If you rent property in Maine, there is a new subsection in 14 M.R.S. § 6021 that you should read in full. L.D. 1927 — Public Law 2025, chapter 515 — became law on January 11, 2026 without the Governor's signature and took effect on July 29, 2026. It is in force now. This is a plain-language walk-through of what it says, what it does not say, and what a prompt, effective response looks like on paper.
General information, not legal advice. NERD is a remediation contractor, not a law firm, and nothing here creates an attorney-client relationship. Statutes are summarized as of October 2026 from the Laws of Maine and the official statute text. For how the law applies to your property and your facts, talk to a licensed attorney.
What the statute says
The operative sentence, new subsection 6-B, reads: “It is a breach of the implied warranty of fitness for human habitation when a landlord offers for rent a dwelling unit in which there is a leaking event, chronic moisture or humidity conditions outside of the control of a tenant that result in the growth of mold, bacteria or other biological organisms.” Two defined terms do most of the work:
- Leaking event: a water leak from flooding or a system or structural failure, such as a failure of a roof, window, door, plumbing system, foundation, or appliance.
- Dwelling unit: mobile homes, apartments, buildings, and other structures rented for human habitation, including the common areas.
Why it is broader than the word “mold”
- It covers bacteria and “other biological organisms,” not only mold.
- It reaches common areas — hallways, basements, shared laundry rooms — not just the rented unit itself.
- A leaking event includes appliance and plumbing failures, not only roof and window leaks. A failed supply line that goes unnoticed for a week and grows mold is within the language.
- “Chronic moisture or humidity conditions outside of the control of a tenant” is not defined with examples. What counts will be worked out case by case.
- A municipality may adopt more stringent standards by ordinance, so local rules can tighten without another state law.
What the law does not say
- It sets no mold level, no testing requirement, and no “clean” threshold. Nothing in the text requires air or surface sampling.
- It sets no fixed number of days. The general § 6021 test is whether the landlord took “prompt, effective steps,” and delay is judged on whether it was unreasonable under the circumstances.
- It does not authorize a tenant to simply stop paying rent. The tenant's route under § 6021 is a court complaint.
How a tenant's claim works
A tenant can file a complaint in District Court or Superior Court. The complaint has to say that the condition endangers or materially impairs health or safety, that the tenant did not cause it, that written notice was given without unreasonable delay to the landlord or the person who customarily collects rent, that the landlord unreasonably failed to take prompt, effective steps, and that the tenant was current on rent when notice was given.
If the court agrees, it can order repairs, set the fair value of the tenant's use of the unit from the date of actual notice until the repair and order a rebate of rent paid above that value, and authorize the tenant to temporarily vacate during necessary repairs. It may not award consequential damages.
What a prompt, effective response looks like on paper
These are practices, not statutory requirements — but they are what answers the question a judge will actually ask, which is not “was there mold?” but “what did you do, and when?”
- 1Log every moisture or mold complaint the same day — date, time, unit, who reported it, and the words used.
- 2Acknowledge it in writing within 24 hours.
- 3Inspect within 48 to 72 hours. Photograph everything and take moisture readings.
- 4Find and stop the water first. Cleaning mold above an active leak buys a few months at best, and it reads badly later.
- 5Get a written scope for containment, removal, and drying, and keep the invoices.
- 6Document the result with before-and-after readings.
- 7Close the loop with the tenant in writing: what was found, what was done, and when.
- 8Keep the whole file for the length of the tenancy and well beyond.
Mistakes that make these cases harder
- Painting over a stain. It hides the evidence, not the cause, and it can look like concealment.
- Fixing the mold but not the leak, so it returns and the file shows you knew.
- Handling complaints by phone with nothing written down.
- Waiting for a formal written complaint. A tenant's court filing has to recite written notice, but the statute dates the breach from when the landlord had actual notice — so act on a call or a text, then get it in writing.
Where remediation fits, and where it doesn't
A remediation contractor's job is the physical fix and the record of it: finding the water source, containing and removing affected material, drying, and documenting the work with before-and-after readings. It is not a legal opinion, and it is not independent sampling. If you want mold sampled, or want clearance after the work, that is the work of an independent certified assessor — which also carries more weight than a contractor grading its own job.
Managing rentals on both sides of the border? New Hampshire works differently — it has a 14-day repair clock that operates as a defense in eviction cases rather than a mold-specific rule.
New Hampshire's 14-Day Rule →We handle remediation and documentation for landlords and property managers in southern Maine and the New Hampshire Seacoast, with before-and-after readings you keep for your file.
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