Tenants in Maine have the legal right to repairs for issues that place the property in violation of state health and safety standards. To exercise this right, they must properly notify the landlord in writing, or explained directly to the person who collects rent, and allow a reasonable time for the repairs to be made.
Maine Landlord Responsibilities for Repairs
Maine landlords are responsible for keeping all of the following in good working condition:
- Required heating.
- Common areas.
- Anything impacting health, safety, or habitability.
What Repairs Are Tenants Responsible for in Maine?
Maine tenants are responsible for repairing any damage they cause to the property which affects health and safety.
On a case by case basis, the landlord and tenant can agree in writing for the tenant to accept or repair a property that wouldn’t otherwise be habitable. The tenant has to get specific, explicitly contracted benefits in exchange, like a reduction in rent.
Requesting Repairs in Maine
Maine tenants can request repairs by describing the issue in a written notice, or they can give any other form of actual notice to the person who customarily receives rent on behalf of the landlord.
How Long Does a Landlord Have To Make Repairs in Maine?
Maine landlords have a “reasonable time” to make repairs after getting proper notice from the tenant. What’s reasonable will depend on the totality of circumstances, but the law expects prompt action from the landlord.
Can the Landlord Refuse To Make Repairs in Maine?
Maine landlords can refuse to make repairs if the tenant isn’t current on rent, caused the issue, or otherwise hasn’t followed the legally required process for notice. The landlord can also make a written agreement refusing repairs in exchange for specific benefits given to the tenant.
Do Landlords Have To Pay for Alternative Accommodation During Repairs in Maine?
Maine landlords are not required to pay for alternative accommodation while they conduct repairs, although courts can order a landlord to provide alternative accommodation for a tenant if it’s appropriate during a case.
Tenant’s Rights if Repairs Aren’t Made in Maine
Maine tenants can sue for damages if the landlord doesn’t make timely repairs. They can also get an injunction to force repairs, or get permission to temporarily or permanently vacate the property.
Can the Tenant Withhold Rent in Maine?
Maine tenants are not allowed to withhold rent. For certain lesser repairs, tenants can deduct a portion of the rent, but withholding rent entirely is not permitted.
Can the Tenant Repair and Deduct in Maine?
Maine tenants can repair and deduct to fix health and safety issues costing under $500 or half monthly rent (whichever is greater). Utility work must be professionally contracted, and tenants must give the landlord an itemized invoice for deductions. The 14 day notice must be written, by certified mail (except emergencies).
Can the Tenant Break Their Lease in Maine?
Maine tenants generally cannot break the lease, even when a landlord fails to repair. However, when an issue wrongfully and permanently prevents the intended use of the property, the tenant can end the lease by moving out and claiming constructive eviction.
Can the Tenant Sue in Maine?
Maine tenants can sue to force repairs or recover monetary damages, when the landlord fails to make timely repairs.
Can the Tenant Report the Landlord in Maine?
Maine tenants can report landlords for code violations that affect health or safety. Tenants should usually report to the local inspections or code enforcement department. If an inspecting officer finds a violation, the tenant could cancel the rental agreement, or sue to force repairs.
Landlord Retaliation in Maine
It’s illegal for Maine landlords to retaliate by trying to evict tenants who have taken one of the following protected actions in the past six months:
- Reporting health and safety violations.
- Complaining to the landlord about maintenance.
- Filing a fair housing complaint.
- Notifying the landlord of a victimization related to the tenancy.
- Participating in a tenant organization.
The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.
Sources
- 1 Maine Rev. Stat. § 6021(3) (2022)
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“If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint… that: A. A condition, which shall be described, endangers or materially impairs the health or safety of the tenants; B. The condition was not caused by the tenant or another person acting under his control; C. 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; D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and E. The tenant was current in rental payments owing to the landlord at the time written notice was given. The notice requirement of paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord.”
Source Link - 2 Maine Rev. Stat. § 6021(2) (2022)
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“In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation.”
Source Link - 3 Maine Rev. Stat. § 6021(6) (2022)
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“It is a breach of the implied warranty of fitness for human habitation when the landlord is obligated by agreement or lease to provide heat for a dwelling unit and: A. The landlord maintains an indoor temperature which is so low as to be injurious to the health of occupants not suffering from abnormal medical conditions; B. The dwelling unit’s heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit; or C. The heating facilities are not operated so as to protect the building equipment and systems from freezing.”
Source Link - 4 Maine Rev. Stat. § 6021(5) (2022)
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“A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord. Any agreement, other than as provided in this subsection, by a tenant to waive any of the rights or benefits provided by this section shall be void.” Maine Rev. Stat. § 6021(5) (2022). See also Maine Rev. Stat. § 6021(6-A) (2022) (“A landlord and tenant under a lease or a tenancy at will may enter into an agreement for the landlord to provide heat at less than 68 degrees Fahrenheit,” etc.).
Source Link - 5 Carrier v. Russell, CIVIL ACTION DOCKET NO. AP-01-19, 3 (Me. Oct. 20, 2011)
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“In addition to any other relief, the Court may issue injunctions, determine fair value of the use and occupancy and order a rebate and authorize the tenant to temporarily vacate the building unit.”
Source Link - 6 Maine Rev. Stat. § 6026(2) (2022)
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“If a landlord fails to maintain a rental unit in compliance with the standards of subsection 1 and the reasonable cost of compliance is less than $500 or an amount equal to 1/2 the monthly rent, whichever is greater, the tenant shall notify the landlord in writing of the tenant’s intention to correct the condition at the landlord’s expense. If the landlord fails to comply within 14 days after being notified by the tenant in writing by certified mail, return receipt requested, or as promptly as conditions require in case of emergency, the tenant may cause the work to be done with due professional care with the same quality of materials as are being repaired. Installation and servicing of electrical, oil burner or plumbing equipment must be by a professional licensed pursuant to Title 32. After submitting to the landlord an itemized statement, the tenant may deduct from the tenant’s rent the actual and reasonable cost or the fair and reasonable value of the work, not exceeding the amount specified in this subsection. This subsection does not apply to repairs of damage caused by the tenant or the tenant’s invitee.”
Source Link - 7 Robinson v. Great Atlantic & Pacific Tea Co., 139 Me. 194, 198 (Me. 1942)
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“To constitute a constructive eviction it must appear that by intentional and wrongful acts the landlord has permanently deprived the tenant of the beneficial use and enjoyment of the premises and the tenant in consequence thereof has abandoned the premises.”
Source Link - 8 Maine Rev. Stat. § 6001(3)(A) - (3)(G) (2022)
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“[A] rebuttable presumption [exists] that the action was commenced in retaliation against the tenant if, within 6 months prior… the tenant has: A. Asserted the tenant’s rights pursuant to section 6021 or section 6030‑D [health & safety issues]; B. Complained… of conditions… that may constitute a violation… to a body charged with enforcement of that code, ordinance, regulation or statute, or such a body has filed a notice or complaint… C. Complained in writing or made a written request, in good faith, to the landlord or the landlord’s agent to make repairs… E. Prior to being served with an eviction notice, filed, in good faith, a fair housing complaint… F. … provided the landlord or the landlord’s agent with notice that the tenant or tenant’s minor child is a victim; or G. … communicated to the landlord or the landlord’s agent about an act of sexual harassment or filed a complaint…”
Source Link - 9 Maine Rev. Stat. § 6001(3) & (4) (2022)
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“If an action of forcible entry and detainer is brought for any reason set forth in section 6002, subsection 1 [damaging the premises; breaking the law; rent default; hostile possession] or for violation of a lease provision, the presumption of retaliation does not apply, unless the tenant has asserted a right pursuant to section 6026 [repair & deduct]. No writ of possession may issue in the absence of rebuttal of the presumption of retaliation… 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.”
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