Chapter 709: ENTRY AND DETAINER HEADING: PL 1999, C. 192, §1 (RPR)
Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS HEADING: PL 1999, C. 192, §1 (NEW)
§6001. Availability of remedy
1.Persons against whom process may be maintained. Process of forcible entry and detainer may be maintained against a disseisor who has not acquired any claim by possession
and improvement; against a tenant holding under a written lease or contract or person holding under such a tenant; against
a tenant where the occupancy of the premises is incidental to the employment of a tenant; at the expiration or forfeiture
of the term, without notice, if commenced within 7 days from the expiration or forfeiture of the term; against a tenant at
will, whose tenancy has been terminated as provided in section 6002; and against mobile home owners and tenants pursuant to
Title 10, chapter 951, subchapter VI. When there are multiple occupants of an apartment or residence, the process of forcible
entry and detainer is effective against all occupants if the plaintiff names as parties "all other occupants" together with
all adult individuals whose names appear on the lease or rental agreement for the premises or whose tenancy the plaintiff
has acknowledged by acceptance of rent or otherwise.
[
1995, c. 372, §1 (AMD)
.]
2.Persons who may not maintain process. The process of forcible entry and detainer may not be maintained against a tenant by a 3rd party lessee, grantee, assignee
or donee of the tenant's premises, unless a tenant at will has received notice of termination in accordance with section 6002
by either the grantor or the grantee of the conveyance.
[
1985, c. 638, §4 (AMD)
.]
3.Presumption of retaliation. In any action of forcible entry and detainer there shall be a presumption that the action was commenced in retaliation against
the tenant if, within 6 months prior to the commencement of the action, the tenant has:
A. Asserted his rights pursuant to section 6021; [1981, c. 428, §1 (NEW).]
B. Complained as an individual, or a complaint has been made in that individual's behalf, in good faith, of conditions affecting
that individual's dwelling unit which may constitute a violation of a building, housing, sanitary or other code, ordinance,
regulation or statute, presently or hereafter adopted, to a body charged with enforcement of that code, ordinance, regulation
or statute, or such a body has filed a notice or complaint of such a violation; [1989, c. 484, §1 (AMD).]
C. Complained in writing or made a written request, in good faith, to the landlord or the landlord's agent to make repairs
on the premises as required by any applicable building, housing or sanitary code, or by section 6021, or as required by the
rental agreement between the parties; or [1989, c. 484, §1 (AMD).]
D. [MRSA T. 14, §6001, sub-§3, ¶ D (RP).]
No writ of possession may issue in the absence of rebuttal of the presumption of retaliation.
[
1989, c. 484, §§1,2 (AMD)
.]
4.Membership in tenants' organization. No writ of possession may issue when the tenant proves that the action of forcible entry and detainer was commenced in retaliation
for the tenant's membership in an organization concerned with landlord-tenant relationships.
[
1981, c. 428, §1 (NEW)
.]
SECTION HISTORY
1971, c. 322, §1 (AMD).
1977, c. 401, §2 (AMD).
1981, c. 428, §1 (RPR).
1985, c. 638, §4 (AMD).
1989, c. 484, §§1,2 (AMD).
1995, c. 60, §2 (AMD).
1995, c. 372, §1 (AMD).
Data for this page extracted on 10/14/2009 10:43:52.