Maine Revised Statutes

Me. Rev. Stat. tit. 14, § 6017 (2026)

Commercial leases

✓ current as of May 2026
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1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.  
A. A "commercial tenancy" or "commercial lease" means a nonresidential tenancy of premises by a for-profit business entity. Nonprofit entities, charitable institutions and religious organizations who are tenants may not be construed to have commercial tenancies.   [PL 1999, c. 192, §2 (NEW).]
[PL 1999, c. 192, §2 (NEW).]
2.  Commercial lease relationship.  Notwithstanding the provisions of subchapter I, commercial landlords and tenants are governed by the following provisions, and if any of the following provisions conflict with provisions in any other statutes governing the relationships between landlords and tenants, this section controls all commercial lease relationships, whether written or oral.  
A. After termination of a commercial lease, and after a complaint for forcible entry and detainer is filed, the defendants shall, no later than the return date and as a condition of maintaining a defense, appear on the return day to pay the agreed-upon rent, including all arrears. If rent or arrears are disputed, the disputed rent, including all claimed arrears, must be paid to the court at the time of the hearing. In addition to deciding the right of possession, the District Court shall also decide the amount of rent owed, if disputed. In establishing the amount of rent owed, the District Court may consider offsetting claims to the extent appropriate. If undisputed, the rent and arrears must be paid to the court prior to the hearing. Upon final decision by the District Court, that court shall order such sums as it determines proper to be turned over by the clerk to either or both of the parties. Any order of the District Court for payment of rent, whether to the landlord or to the court, continues in effect through any appeal of the District Court's decision. The landlord may apply for turnover of rent money held by the court prior to final judgment by the District Court or prior to final decision on appeal by the Superior Court, upon a showing of hardship and reasonable likelihood of success on the merits. Failure of the tenant to pay rent to the court when due causes the writ of possession to issue immediately.   [PL 1999, c. 192, §2 (NEW).]
[PL 1999, c. 192, §2 (NEW).]
3.  Right of possession on bond for damages.  When judgment is rendered for the plaintiff, a writ of possession may issue immediately in the District Court or from the Superior Court during appeal, if the plaintiff provides the defendant with a surety bond conditioned to pay all such damages and costs as may be suffered by the defendant if final judgment is rendered for the defendant. In setting the amount of the required surety bond, the court may consider any offsetting claims between the parties.  
[PL 1999, c. 192, §2 (NEW).]
4.  Arbitration.  A commercial landlord and tenant may agree in their lease or in a separate agreement to arbitration of disputes as to termination, the right of possession arising under the lease between landlord and tenant and amounts owed for rent before an arbitrator or arbitrators chosen in advance pursuant to the lease or other written agreement. The decision of the arbitrator is final. If the arbitrator rules in favor of the landlord, the landlord may, by presentation of an attested copy of the arbitrator's decision, and after docketing of the arbitrator's decision by the Superior Court, immediately obtain a writ of possession from the clerk of the Superior Court. The arbitrator's decision may be stayed or appealed from only upon such grounds as generally lie for stay or appeal of an arbitration decision pursuant to the Uniform Arbitration Act, Title 14, section 5949.  
[PL 1999, c. 192, §2 (NEW).]
5.  Jury trial.  A commercial landlord and tenant may agree in the commercial lease or in a separate agreement to waive jury trial of disputes arising under the lease.  
[PL 1999, c. 192, §2 (NEW).]
6.  Jurisdiction.  The District Court has jurisdiction to hear, decide and award rent and arrears allegedly owing, regardless of the amount.  
[PL 1999, c. 192, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 192, §2 (NEW).
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2004–2022 · leading case: 20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021).
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021). · cites it 2× “See 14 M.R.S. § 6017(2) (2021). 16 20 Thames would not be entitled to relief under any set of facts it might prove in support of its claim.”
55 Oak Street LLC v. RDR Enter., Inc., 2022 ME 28 (Me. 2022). · cites it 2× “See 14 M.R.S. § 6017(2). [¶10] The District Court held a hearing on the complaint the following month.”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017, LLC, 2020 ME 55 (Me. 2020). · cites it 5× “[¶4] Ocean State timely appealed, challenging the Superior Court’s decision vacating the award of attorney fees.”
Soley v. Karll, 2004 ME 89 (Me. 2004). “The court ordered the immediate issuance of the writ of possession pursuant to 14 M.R.S.A. § 6017(3) (2003). Therefore, it is not readily apparent that Karll’s inconsistent positions, which were the cause of the second *760 forcible entry action, delayed the forcible entry…”
Behavioral Health Resources, Inc. v. Walls (Me. Super. Ct 2020). · cites it 4× “) At the subsequent evidentiary hearing, the District Court found that the Appellant was not entitled to present a defense pursuant to 14 M.R.S. § 6017 because the Appellant had not tendered the rent Appellant owed to the court for the clerk to hold in escrow during the pendency…”
55 Oak Street v. RDR Enter., Inc. (Me. Super. Ct 2021). · cites it 3× “§ 6008 (2020); 14 M.R.S. § 6017 (2020); see also M.R. Civ.”
Cel v. Diva's Inc. (Me. Super. Ct 2011). · cites it 5× “5 In construing the language of 14 M.R.S. § 6017(2)(A), the District 2 By the time of the December 6, 2010 trial of the FED action, CEL notes that Diva's had additionally failed to make the monthly rental payment due on November 20, 20 10.”
20 Thames Street, LLC v. Ocean State Job Lot of Maine, LLC (Me. Super. Ct 2019). · cites it 2× “" 14 M.R.S. § 6017(6). No specific additional jurisdiction, however, has been granted to enforce a lease provision providing for an award of attorney's fees to prevailing parties.”
Rowell, LLC v. 11 Town LLC d/b/a Boston Connection (Me. Super. Ct 2016). “14 M.R.S. §6017(2)(A). The record is clear that this did not occur.”
Rainbow Prods., Inc. v. Greg Powers Ent., Inc. (Me. Super. Ct 2010). “See 14 M.R.S. § 6017 (no specific notice requirement for termination of commercial tenancies at will).”
— Me. Rev. Stat. tit. 14, § 6017(2) — 2 cases
55 Oak Street LLC v. RDR Enter., Inc., 2022 ME 28 (Me. 2022). “See 14 M.R.S. § 6017(2). [¶10] The District Court held a hearing on the complaint the following month.”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021). “See 14 M.R.S. § 6017(2) (2021). 16 20 Thames would not be entitled to relief under any set of facts it might prove in support of its claim.”
— Me. Rev. Stat. tit. 14, § 6017(2)(A) — 5 cases
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017 LLC, 2021 ME 33 (Me. 2021). “See 14 M.R.S. § 6017(2) (2021). 16 20 Thames would not be entitled to relief under any set of facts it might prove in support of its claim.”
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017, LLC, 2020 ME 55 (Me. 2020). “[¶4] Ocean State timely appealed, challenging the Superior Court’s decision vacating the award of attorney fees.”
Cel v. Diva's Inc. (Me. Super. Ct 2011). “5 In construing the language of 14 M.R.S. § 6017(2)(A), the District 2 By the time of the December 6, 2010 trial of the FED action, CEL notes that Diva's had additionally failed to make the monthly rental payment due on November 20, 20 10.”
55 Oak Street v. RDR Enter., Inc. (Me. Super. Ct 2021). “§ 6008 (2020); 14 M.R.S. § 6017 (2020); see also M.R. Civ.”
Rowell, LLC v. 11 Town LLC d/b/a Boston Connection (Me. Super. Ct 2016). “14 M.R.S. §6017(2)(A). The record is clear that this did not occur.”
— Me. Rev. Stat. tit. 14, § 6017(3) — 1 case
Soley v. Karll, 2004 ME 89 (Me. 2004). “The court ordered the immediate issuance of the writ of possession pursuant to 14 M.R.S.A. § 6017(3) (2003). Therefore, it is not readily apparent that Karll’s inconsistent positions, which were the cause of the second *760 forcible entry action, delayed the forcible entry…”
— Me. Rev. Stat. tit. 14, § 6017(6) — 2 cases
20 Thames Street LLC v. Ocean State Job Lot of Maine 2017, LLC, 2020 ME 55 (Me. 2020). “[¶4] Ocean State timely appealed, challenging the Superior Court’s decision vacating the award of attorney fees.”
20 Thames Street, LLC v. Ocean State Job Lot of Maine, LLC (Me. Super. Ct 2019). “" 14 M.R.S. § 6017(6). No specific additional jurisdiction, however, has been granted to enforce a lease provision providing for an award of attorney's fees to prevailing parties.”
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