KNOX COUNTY - “Evicted.” It’s a word that is becoming more and more common throughout Knox County. The federal mandate barring landlords from evicting tenants due to nonpayment of rent expired August 30, 2020. Since then, the civil process to remove a tenant from a building has increased to the extent that Knox County Sheriff Tim Carroll describes it as, “alarming.”  

At a Sept. 12 Knox County Commissioners meeting, Carroll said his office had received no fewer than 17 eviction notices to be served. By Sept. 27, Sheriff Carroll said that the number had grown to 30, and more were arriving.  

The normal annual average for Knox County used to be 10, and served mostly in the spring or fall. 

“The sheriff’s office, through its civil division, posts a notice that gives the opportunity to either argue in court or to try to work something out,” said Carroll, in a Sept. 27 conversation about the issue.

The goal is to attempt to reach resolution before an actual eviction, or even the physical removal of a person from a given property.

“We give notice,” said Carroll. “They have time to try and work things out. Once that time expires there’s another notice that gets to the point of OK, you have either 24 or 48 or 72 hours to leave the premises. “ 

The legal term for the final notice giving someone a specific time to vacate is called a writ of possession.

Maine state statute says:“When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendant's goods and property are considered by law to be abandoned.” 

Carroll said the Sheriff's Office does not move someone out of a house.  

“It gets to the point where we’ve gone through the whole process,” said Carroll. “The absolute deadline has dropped; now it becomes a trespass. When it gets to that point unfortunately it would be a removal of anybody trespassing on any property. We never want to get to that point.” 

Two landlords who spoke on condition of anonymity both said the eviction process is long and time-consuming.  

“After going through two eviction I got rid of my two rental properties,” said one landlord. “I had a mortgage, property taxes, insurance, and the associated costs of maintaining the property. I bought them as investments. I never thought I would make a lot of money in the short term, but I at least wanted to break even. Lucky for me they sold quickly. I’ll never be a landlord again.”  

“I’ve been through one eviction process,” said landlord number two. “Now I’ll only rent on a month-to-month basis. The first question I ask is have you ever been evicted or asked to leave a place for nonpayment of rent. I’ve been a landlord for eight years and have always had good luck with my renters.”  

Carroll said there are many circumstances contributing to the eviction process, especially at this point in history. 

“It’s just a sign of the times of different things going on,” said Carroll.

He cited the rising prices of the housing market, and the competition for real estate.

“As you know the housing market is rising,” he said. “Landlords are raising rents because they are getting the value of it now.” 

As properties get sold, new owners are asking tenants to leave.

They may want to renovate, or perhaps the property just becomes a summer home, and the new owner has not desire to rent it.

With former renters leaving properties, a number of them relocated to campers, or seasonal camps.

“Winter is coming as we all know and those people are going to be affected,” said Carroll. “You’re not going to stay in a camper in Maine in December, January, and February.”  

The Homeless Coalition is overwhelmed right now with people and families needing housing.  

“We’re a partner with them through our recovery collaborative,” said Carroll. “We’re trying to help people find other opportunities, but they are few and far between right now.” 

And he doesn't see the eviction rate tapering off as colder months descend. 

In Maine, a landlord can evict a renter for any reason, providing there is a 30-day notice. There are exceptions. For example, if you feel your landlord is evicting you because of retaliation or illegal discrimination you can stop the eviction process.  

Eviction is a civil matter and must be argued before a judge in court. Regardless you have the right to mediate. If you want your side of the story entered into the record, it must be presented in writing.  

Know your rights under the law. Pine Tree Legal Assistance has a page entitled, “Rights of Maine Renters: Evictions.” (https://ptla.org/rights-maine-renters-eviction)  

State of Maine statues for evictions can be found here: https://legislature.maine.gov/statutes/search.asp