Maine Commercial Real Estate Guide

Commercial Lease Laws in Maine

Don't sign a lease in Maine until you understand the local statutes, tax implications, and common landlord traps.

Key Statutes & Considerations

Heating & Winterization Responsibilities

Maine leases often shift winterization (pipes, freeze protection) and heating system maintenance to tenants. Clarify who maintains HVAC/boilers and who pays for freeze-related damage.

Snow Removal & Slip/Fall Allocation

Allocate snow/ice removal and premises liability in writing (parking lot, sidewalks, roof). Require CAM transparency and avoid open-ended charges for winter services.

Common Red Flags in Maine

Commercial real estate in Maine typically favors the landlord in standard lease drafts. Whether you are in Augusta or elsewhere, you need to watch out for:

  • Uncapped NNN Charges: Variable costs like property taxes and insurance can skyrocket.
  • Broad Indemnification: Clauses that require you to pay for the landlord's negligence.
  • Relocation Clauses: Rights for the landlord to move your business to a worse location.
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Frequently Asked Questions

Is a Triple Net (NNN) lease legal in Maine?

Yes, NNN leases are the industry standard for commercial retail and office space in Maine. They shift the burden of property taxes, insurance, and maintenance to the tenant.

Can I negotiate my commercial lease in Maine?

Absolutely. Unlike residential leases, commercial leases are presumed to be negotiated between equal parties. Never sign the first draft.