[ME] Can I use a 7-day notice to evict squatters causing damage and illegal activity when there is no lease in place?

ME Landlord-Tenant

Benjamin

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You do NOT need a judge to “sign something” before you start the eviction against the squatters.
You do NOT need to wait until February to start.
You can begin today, and the court must give you a hearing usually within 1–2 weeks once you file the eviction.

Let me break this down clearly and tell you exactly what to do next.

The 60-day notice to the original tenant does NOT control the squatters.
- Once the actual tenant moved out, everyone left behind legally became:
  “Tenants at sufferance” → squatters with NO lease rights. (14 ME Rev Stat § 6002)
- This gives you the fastest eviction path in Maine.
The correct notice is a 7-Day Notice to Quit (Tenant at Sufferance). And you can serve it today. This is the legal first step — not a judge signing anything. These trigger Maine's 7-day eviction statute:
- No lease
- No rent being paid
- Causing damage
- Staying illegally after the only tenant left
After the 7 days pass → YOU file the eviction case with the court.
- You file a “Forcible Entry and Detainer” case at the District Court.
- Once you file, the court schedules your hearing — typically 10–14 days out, NOT February.
- The February date the clerk mentioned is probably for motions, civil hearings, or non-eviction matters. Evictions have priority by statute.
Police will not remove them until you complete the eviction hearing + writ of possession. (14 ME Rev Stat § 6005)
- Police cannot remove anyone based only on your notice

The steps MUST go in this order:

THE FASTEST LEGAL PATH TO REMOVE THE SQUATTERS (MAINE)

Step 1 — Serve a 7-Day Notice to Quit for “Tenants at Sufferance”

Serve on each occupant or “All Occupants”
Post to the door + mail it

Step 2 — Wait the full 7 days

Step 3 — On Day 8 → File the eviction (FED) at District Court

You will file:
- Your deed
- Copy of the 7-Day Notice
- Proof of service
- Description of illegal occupants and property damage
- Court will schedule a hearing within 10–14 days.

Step 4 — Sheriff serves the eviction paperwork on the squatters

Step 5 — You attend the brief hearing

Judges almost always grant eviction when:
- No lease
- No rent
- They refused to leave
- Property damage occurring

Step 6 — Court issues a Writ of Possession (usually 7 days later)

Step 7 — Sheriff forcibly removes them

This is when the sheriff physically removes them and changes locks.

Maine Eviction Notice Form

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We had a lease agreement with a tenant before my parents died and now there are 3 squatters living on the property and we are trying to get them evicted. We have no lease with them or any type of contract.

I went to the home and the man had a lot of weed and plants and also a dog. One of the men is a drunk and is causing damage and he is smoking in the home. Also, a dog is scratching up the wood floors and doors and walls. Is the 7-day notice good for the state of Maine? What do I need to change and how do I get them out?

Lexi, Chatbot

I'm sorry to hear about the difficult situation you're facing with the squatters. Have you already served any formal eviction notice to the individuals living in your property?

The only person we have a lease with was served a 60-day notice on Nov 1st. He left the property and we have not seen or heard from him. The other people left are refusing to leave.

Lexi, Chatbot

Are there any local laws or regulations regarding eviction that you are aware of, particularly in Maine?

We are just wondering what the fastest way to get them out is.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience.

I understand you're dealing with a situation involving squatters on your property in Maine after the original tenant left. Is that correct? Could you share more about any steps you've already taken or any additional concerns you have?

These squatters are NOT tenants — they are “tenants at sufferance.” Under Maine law (14 M.R.S. § 6002), anyone remaining on the property after the lawful tenant leaves becomes a: “Tenant at sufferance. Meaning:

They have zero lease rights
They get a 7-Day Notice to Quit — NO cause required
After 7 days you may immediately file eviction

This is the fastest eviction Maine allows.

Hey Benjamin, so the steps we have taken so far is to give the only tenant with any type of lease that we have a 60-day notice to leave the premises. After we delivered that notice there were other people in the home that we found out about that are now refusing to leave. They are basically squatting. We have no written lease with them and they are paying no money or anything and they are also causing damage. This would be the first steps we would take to start evicting them.

We have not started any other legal things other than giving the main tenant a 60-day notice to quit, we are wondering what we need to do about the three men that are in there now.

Do I need a judge to sign off on anything to get these three guys out? The earliest court date for a judge to sign off on something from what we've talked to the court about is the middle of February, and they know this as well so they're saying that they're not gonna do anything until a police officer with a written notice from a judge removed them from the premises. They know that they could live there for a few months for free and continue causing damage.

What forms do I need to file and how do I file them correctly in order to start the 7-day notice to quit to get these guys removed. It's a weird situation and everything I'm reading doesn't give us a good answer for this exact situation.

Benjamin

Let me break this down clearly and tell you exactly what to do next.

The 60-day notice to the original tenant does NOT control the squatters.
- Once the actual tenant moved out, everyone left behind legally became:
  “Tenants at sufferance” → squatters with NO lease rights. (14 ME Rev Stat § 6002)
- This gives you the fastest eviction path in Maine.
The correct notice is a 7-Day Notice to Quit (Tenant at Sufferance). And you can serve it today. This is the legal first step — not a judge signing anything. These trigger Maine's 7-day eviction statute:
- No lease
- No rent being paid
- Causing damage
- Staying illegally after the only tenant left
After the 7 days pass → YOU file the eviction case with the court.
- You file a “Forcible Entry and Detainer” case at the District Court.
- Once you file, the court schedules your hearing — typically 10–14 days out, NOT February.
- The February date the clerk mentioned is probably for motions, civil hearings, or non-eviction matters. Evictions have priority by statute.
Police will not remove them until you complete the eviction hearing + writ of possession. (14 ME Rev Stat § 6005)
- Police cannot remove anyone based only on your notice

The steps MUST go in this order:

THE FASTEST LEGAL PATH TO REMOVE THE SQUATTERS (MAINE)

Step 1 — Serve a 7-Day Notice to Quit for “Tenants at Sufferance”

Serve on each occupant or “All Occupants”
Post to the door + mail it

Step 2 — Wait the full 7 days

Step 3 — On Day 8 → File the eviction (FED) at District Court

You will file:
- Your deed
- Copy of the 7-Day Notice
- Proof of service
- Description of illegal occupants and property damage
- Court will schedule a hearing within 10–14 days.

Step 4 — Sheriff serves the eviction paperwork on the squatters

Step 5 — You attend the brief hearing

Judges almost always grant eviction when:
- No lease
- No rent
- They refused to leave
- Property damage occurring

Step 6 — Court issues a Writ of Possession (usually 7 days later)

Step 7 — Sheriff forcibly removes them

This is when the sheriff physically removes them and changes locks.

Can you please draft that document and thank you so much for the answers. And it would be for all the tenants that are squatting and would this process be able to start, and the be scheduled before the 60-day notice is up?

The 60-day notice would go into full effect on December 29, but can I do this just for the squatters to start the process for them so they can all get removed in January at some point?

Benjamin

This is for the squatter and I have outlined in great detail the exact steps needed to take. If you serve this today, you could file the eviction lawsuit after the 7-day notice period, and then the timeline would be based on the court’s schedule.

Do I have to send a copy of this to the court or just send it to them?

Benjamin

The notice is just between the landlord and occupants. You will need to bring a copy to the court after the notice period for the filing of the lawsuit for eviction.

Is the eviction paperwork that needs to be filed after the 7-day notice has expired? Is that a whole new document or would that be something that the court could help me with?

Benjamin

Yes, you can ask that the judge require that the squatters pay the legal fees. The petition for Unlawful Detainer (Eviction) is a lawsuit and those forms can be acquired at the court.

"ATTORNEY FEES. If any default occurs by way of actions either party to this Contract, the defaulting party shall pay all costs of collection, including reasonable attorney's fees, whether or not a lawsuit is commenced as part of the enforcement process."

He signed this in his contract ^

Benjamin

This has nothing to do with these squatters, the tenant who was subject to this lease is no longer there.

Okay so any legal action and lawyers are all on us to pay correct?

Benjamin

Yes, you would have to pay initially, but you can ask the judge at the hearing to award you attorney's fees and court costs and they likely would.

Sounds great. So our first step is filling out the 7-day notice you attached above and serving them? And then getting in contact with the court about the 48-hour notice / lawsuit from there?

Benjamin

That is correct, good luck. Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately. Thank you and please use the service the next time you need legal advice. Have a wonderful day!

Thank you so much! Have a great day.

Benjamin

679 satisfied customers

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