HP0911, LD 1272, item 1, An Act To Amend the Process of Tenant Eviction

An Act To Amend the Process of Tenant Eviction

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 14 MRSA §6001, sub-§6 is enacted to read:

6. Notice required before defense of unhealthful or unsafe conditions. A tenant may not raise as a defense to an action under this chapter or withhold rent due to the existence of a condition that violates the implied warranty and covenant of habitability under section 6021 or any other condition that endangers or materially impairs the health or safety of the tenants under section 6026 unless the tenant notified the landlord or the landlord's agent of the condition prior to receiving written notice from the landlord or the landlord's agent of the intention to terminate the tenancy.

Sec. 2. 14 MRSA §6002, sub-§3, as amended by PL 1995, c. 208, §1, is further amended to read:

3. Breach of warranty of habitability as an affirmative defense. In an action brought by a landlord to terminate a rental agreement by lease or tenancy at will on the ground that the tenant is in arrears in the payment of rent, the tenant may raise as a defense any alleged violation of the implied warranty and covenant of habitability, provided that as long as the landlord or the landlord's agent has received actual or constructive notice of the alleged violation prior to giving written notice to the tenant of the intention to terminate the tenancy, and has unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition and the condition was not caused by the tenant or another person acting under the tenant's control. Upon finding that the dwelling unit is not fit for human habitation and that the tenant notified the landlord or the landlord's agent of the condition prior to receiving written notice from the landlord or the landlord's agent of the intention to terminate the tenancy, the court shall permit the tenant either to terminate the rental agreement without prejudice or to reaffirm the rental agreement, with the court assessing against the tenant an amount equal to the reduced fair rental value of the property for the period during which rent is owed. The reduced amount of rent thus owed must be paid on a pro rata basis, unless the parties agree otherwise, and payments become due at the same intervals as rent for the current rental period. The landlord may not charge the tenant for the full rental value of the property until such time as it is fit for human habitation.

Sec. 3. 14 MRSA §6010, sub-§1, as enacted by PL 1977, c. 401, §3, is amended to read:

1. Notice of condition. The tenant, without unreasonable delay and prior to receiving the landlord's or the landlord's agent's written notice of the intention to terminate the tenancy, gave to the landlord or to the person who customarily collects rent on behalf of the landlord landlord's agent written notice of a condition which that rendered the rented premises unfit for human habitation;

Sec. 4. 14 MRSA §6021, sub-§3, ¶C, as enacted by PL 1977, c. 401, §4, is amended to read:

C. Written Prior to the tenant's receiving written notice from the landlord or the landlord's agent of the intention to terminate the tenancy, written notice of the condition without unreasonable delay , was given to the landlord or to the person who customarily collects rent on behalf of the landlord landlord's agent;

Sec. 5. 14 MRSA §6026, sub-§3, as enacted by PL 1981, c. 428, §10, is repealed and the following enacted in its place:

3. Limitation on rights. A tenant may not exercise the tenant's rights under this section if:

A. The tenant failed to notify the landlord or the landlord's agent of the condition prior to receiving written notice from the landlord or the landlord's agent of the intention to terminate the tenancy;

B. The condition was caused by the tenant;

C. The landlord is unreasonably denied access to repair the condition; or

D. Extreme weather conditions prevent the landlord from making the repair.

summary

This bill prohibits a tenant from raising as a defense to an eviction action or withholding rent due to the existence of a breach of the implied warranty and covenant of habitability or a condition that endangers or materially impairs the health or safety of the tenant if the tenant did not notify the landlord or the landlord's agent of the breach or condition prior to receiving written notice from the landlord or the landlord's agent of the intention to terminate the tenancy.

HP0911 LD 1272	Session - 126th Maine Legislature		LR 1743 Item 1
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