Instructions for Forcible Entry and Detainer (Eviction) Case - Maine

This document was released by State of Maine Judicial Branch and contains the most recent official instructions for Forcible Entry and Detainer (Eviction) Case .

FAQ

Q: What is a Forcible Entry and Detainer case?A: A Forcible Entry and Detainer case, also known as an eviction case, is a legal process used by landlords to remove tenants who have violated the terms of their lease or rental agreement.

Q: How can a landlord start a Forcible Entry and Detainer case in Maine?A: A landlord can start a Forcible Entry and Detainer case in Maine by filing a complaint with the appropriate court.

Q: What information should be included in the complaint for a Forcible Entry and Detainer case?A: The complaint for a Forcible Entry and Detainer case in Maine should include the names of the landlord and tenant, the address of the rental property, and the reason for the eviction.

Q: What happens after the complaint is filed?A: After the complaint is filed, the court will issue a summons to the tenant, notifying them of the eviction case and the date of the hearing.

Q: What happens if the tenant fails to respond to the eviction case?A: If the tenant fails to respond to the eviction case, the court may enter a default judgment in favor of the landlord, allowing them to proceed with the eviction.

Q: Can a tenant file a counterclaim in a Forcible Entry and Detainer case?A: Yes, a tenant can file a counterclaim in a Forcible Entry and Detainer case, asserting any legal defenses or claims they may have against the landlord.

Q: What happens at the hearing for a Forcible Entry and Detainer case?A: At the hearing, both the landlord and tenant will have the opportunity to present their cases and any evidence supporting their claims.

Q: What happens if the court rules in favor of the landlord in a Forcible Entry and Detainer case?A: If the court rules in favor of the landlord, they may be granted a judgment of possession, allowing them to legally remove the tenant from the rental property.

Q: What is the process for removing a tenant after obtaining a judgment of possession?A: After obtaining a judgment of possession, the landlord must typically provide the tenant with a notice to vacate and then, if necessary, request assistance from law enforcement to physically remove the tenant.

Q: Can a landlord seek monetary damages in a Forcible Entry and Detainer case?A: Yes, a landlord can seek monetary damages, such as unpaid rent or property damage, in addition to eviction in a Forcible Entry and Detainer case.