Maine Landlord And Tenant Legal Questions

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2 legal questions have been posted about landlord and tenant law by real users in Maine. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.

tenants right to peace and quiet law i have a person above me violating my right for peace and quiet.

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
That sounds like a horrible situation.  Under the law, your landlord owes you a habitable place.  In legal proceedings by tenants, it has been taken to mean things like heat, running water, no broken windows, etc.  Under your lease, if you have one, the landlord may have guaranteed quiet during certain hours.  Or there may be a provision in the lease requiring tenants to be quiet during certain hours or not disruptive to the property.  If this is the case, the landlord could evict the person upstairs for violating the lease, or at least warn her or him that she or he will be evicted if the noise doesn't stop.  Again, this depends on the specific language of your lease.  It would be worth talking to the property manager about this, and getting the involvment of other neighbors if you can.  It also would be worth having an attorney look at the lease.  The Maine Disability Rights Center may be able to provide you with some legal assistance.  Another possiblity is to file a small claim seeking payment of any costs to you because of this disruption and money damages for your emotional upset.  Small claims can be filed for claims up to $6,000; the forms are online and at the court house.  The most practical solution is to move, as these people sound pretty inconsiderate and the refuge of home is too important.  Maybe your property manager would agree to your breaking the lease, or maybe even switching to another unit on the property, given the problem.   I'm assuming that you have tried talking to the person above you direclty but, if not, that would be worth a try too.  Good luck. ... Read More
That sounds like a horrible situation.  Under the law, your landlord owes you a habitable place.  In legal proceedings by tenants, it has... Read More

questions about what a landlord can do

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
Hi - I''m not sure what your question is but I will give you some general information about your rights as a tenant.  For additional information, you should check out www.ptla.org, which has a helpful landlord/tenant section.  When renting, you have the right to have a safe residence that is fit for habitation.  If you believe that it is unsafe and that is the reason that your cats died, you would need to provide some proof, such as a report from a vet about the cause of death.  If your apartment is unsafe, you could bring your landlord to court for damages you suffered by living in an unsafe place, such as a reduction in rent you have paid or the costs of caring for and maybe replacing your cats.  A landlord is required to inform tenants of bedbug issues in the building before they move in, so if the bedbugs were there before you, you could sue your landlord for failure to inform you, which I think allows up to a $250 fine.  A landlord must give you notice before coming into your apartment so if your landlord entered without telling you, you could sue your landlord for your damages (harm you suffered) or a $100 fine set by the state.  Bedbugs can come in on any sort of furniture, clothing, etc. so, if you brought in the bedbugs, you would not be able to recover damages from your landlord.  The landlord also is required by law to treat the apartment once bedbugs are discovered so if the landlord used a reputable pest control service, it would be difficult to recover damages for that.  Bedbug removal, from what I understand, is quite difficult and requires that everything in the apartment be sprayed and laundered so that spraying the mattress would need to be part of that process.  If you were to bring any legal action against your landlord, I recommend small claims court.  You can get the complaint form from the district court in Bangor or online at www.maine.gov, under judicial branch and then small claims. There is a guide to small claims process there too.  For your claim, it is helpful to have evidence such as photos, letters you have written to the landlord about your concerns, receipts for costs of your mattress, pet care, etc.  If you have not communicated with your landlord about this, I would do that first and keep a copy of your letter.  Your landlord might be willing to work with you rather than spending the time and money going to court.  Be sure to keep current with your rent through this as nonpayment of rent is grounds for eviction.  Good luck.   ... Read More
Hi - I''m not sure what your question is but I will give you some general information about your rights as a tenant.  For additional... Read More