LD 1788
pg. 1
LD 1788 Title Page An Act to Clarify 7-day Evictions in Tenancies at Will LD 1788 Title Page
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LR 2108
Item 1

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

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

 
1. Causes for 7-day notice of termination of tenancy.
Notwithstanding any other provisions of this chapter, in the
event that the landlord can show, by affirmative proof, that the
tenant, the tenant's family or an invitee of the tenant has
caused substantial damage to the demised premises that the tenant
has not repaired or caused to be repaired before the giving of
the notice provided in this subsection, has caused or permitted a
nuisance within the premises, has caused or permitted an invitee
to cause the dwelling unit to become unfit for human habitation
or has violated or permitted a violation of the law regarding the
tenancy, or when the tenant is 7 days or more in arrears in the
payment of rent, the tenancy may be terminated by the landlord by
7 days' notice in writing for that purpose given to the tenant,
and in the event that the landlord or the landlord's agent has
made at least 3 good faith efforts to serve the tenant, that
service may be accomplished by both mailing the notice by first
class mail to the tenant's last known address and by leaving the
notice at the tenant's last and usual place of abode. If a
tenant, who is 7 days or more in arrears in the payment of rent,
pays the full amount of rent due before the expiration of the 7-
day notice in writing, that notice is void. Thereafter, in all
residential tenancies at will, if the tenant pays all rental
arrears, all rent due as of the date of payment and any filing
fees and service of process fees actually expended by the
landlord before the issuance of the writ of possession as
provided by section 6005, then the tenancy must be reinstated and
no writ of possession may issue. Payment or written assurance of
payment through the general assistance program, as authorized by
the State or a municipality pursuant to Title 22, chapter 1161,
has the same effect as payment in cash.

 
SUMMARY

 
This bill clarifies that the 7-day notice for nonpayment
evictions applies only to tenancies at will and not to leasehold
tenancies.


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