For §6028, rent is late if payment is not made within 15 days from when it is due.
The penalty may not exceed four percent of the amount due for one month.
The landlord must have given written notice that a penalty up to four percent of one month’s rent may be charged.
This topic addresses the residential late-payment penalty rule in §6028.
Start with the actual due date and the 15-day period
Identify the contractual rent due date and the date payment was made. Section 6028 defines late payment for this penalty as rent not paid within 15 days from the time payment is due. Keep portal receipts, bank records and the resident ledger together so the timing can be reconstructed.
The four-percent maximum is tied to one month’s amount due
Section 6028 states that the late-payment penalty may not exceed four percent of the amount due for one month. Compare the posted amount with the monthly amount used as the base rather than applying the percentage to unrelated fees or charges.
Written notice is a separate prerequisite
A landlord may not assess the penalty unless written notice was given when the tenant entered into the rental agreement stating that a penalty, up to four percent of one month’s rent, may be charged for late rent. Preserve the original lease and fee disclosures rather than relying on a later portal summary.
Keep eviction timing separate from the late-fee penalty rule
Maine has separate statutes governing termination notices and rent arrearage. The 15-day definition in §6028 is the late-payment penalty rule and should not be treated as a universal statement about every notice, eviction or cure deadline.
Documents to compare
- Rental agreement and late-fee disclosure.
- Rent due date.
- Payment confirmation or bank record.
- Resident ledger showing the late-payment penalty.
- Any separate notice concerning unpaid rent or tenancy termination.
- Calculation showing the monthly amount used for the four-percent maximum.