An Act To Implement the Recommendations of the Working Group To Study Landlord and Tenant Issues
Maine Legislature, Session 124, LD 1790
Committee: Legal and Veterans Affairs
Amends: 14 MRSA §6001, 14 MRSA §6010-A, 14 MRSA §6013, 14 MRSA §6021-A, 14 MRSA §6023, 14 MRSA §6024, 14 MRSA §6026, 14 MRSA §6026-A, 14 MRSA §6030, 14 MRSA §6030-B, 14 MRSA §6030-C, 14 MRSA §6030-D, 14 MRSA §6031, 14 MRSA §6032, 14 MRSA §6036, 14 MRSA §6038

MAINE STATE LEGISLATURE 
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" 124th MAINE LEGISLATURE 
Legislative Document 
No. 1790 
H.P.1278 
House of Representatives, February 23,2010 
An Act To Implement the Recommendations of the Working Group 
To Study Landlord and Tenant Issues 
Reported by Representative TRINW ARD of Waterville for the Joint Standing Committee 
on Legaland Veterans Affairs pursuant to Resolve 2009, ch'apter 137, section 6. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed 
pursuant to JointRule 218. 
Prinll!t..I on rccyckd paper 
~1J1~ 111· 7l!1LC~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §6001, sub-§I-A is enacted to read: 
I-A. Foreclosure. A bona fide tenancy in a building for which a foreclosure action 
brought pursuantto either section 6203-A or 6321 is pending or Jor which a foreclosure 
judgment has been entered may be terminated only pursuant to the provisions of the 
federal Protecting Tenants at Foreclosure Act of 2009, Public La:w 111-22, Sections 701 
to 704. 
Sec. 2. 14 MRS A §6001, sub-§3, as amended by PL 1989, c. 484, §§ 1 and 2, is 
further amended to read: 
' 
3. Presumption of retaliation. In any action of forcible entry and detainer there 
shall be ~ a rebuttable 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 fl-is the tenant's rights pursuant to section 6021; 
B. Complainedas an individual, or if a complaint has been made in that individual's 
behalf, in good faith, of conditions affecting that individual's dwelling unit whleft that 
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; 
C. Complained in writing or made a written request, in good faith, to the landlord or 
the landlord's agent tomake 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 
E.' Filed, in good faith, a fair housing complaint with the Maine Human Rights 
Commission or filed, in good faith, a fair housing complaint with the United States 
Department of Housing and Urban· Development concerning acts affecting that 
individual's tenancy. 
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No writ of possession may issue in the absence of rebuttal of the presumption of 
retaliation. 
. 
Sec. 3. 14 MRS A §6001, sub-§5is enacted to read: 
5. Affirmative defense. A tenant may raise the affirmative defense of failure of the 
landlord to provide the tenant with a reasonable accommodation pursuant to Title 5, 
3J 
chapter 337 or the federal Fair HousingAct; 42 United States Code, Section 3601, et seq. 
If the court determines that the landlord has a duty to offer a reasonable accommodation 
and has faifed to do so, the court shaH deny the forcible entry and detainer and not grant 
possession to the landlord. If the court determines that the landlord is otherwise entitled 
to possession and either has no duty to offer a reasonable accommodation or has, in fact, 
offered a reasonable accommodation, the court shall grant the forcible entry and detainer. 
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Sec. 4. 14 MRS A §6002, as amended by PL 2009, c. 171, §§ 1 to 3; is further 
amended by adding after the first paragraph a new paragraph to read: 
A notice to terminate under this section must include language advising the tenant 
that the tenant has the right to contest the termination in court. 
Failure to· include 
language regarding the right to contest termination in the notice to terminate is not 
grounds to dismiss a forcible entry and detainer action. If the landlord fails to include 
language required by this paragraph in a notice to t~rminate and the tenant does not 
appear at the court hearing scheduled in any forcible 'en6y and detainer action arising 
from the 'notice to terminate, the landlord's failure to include the required language in the 
notice to terminate constitutes sufficient grounds to set aside any default judgment 
entered against the tenant for failure to appear at the court hearing. This paragraph does 
not limit the right of a tenant to -raise as a defense in an action for forcible entry and· 
detainer the landlord's failure to include language in the notice to terminate as required by 
a lease agreement or any federal or state statutes, regulations or rules affecting the 
tenancy. 
Sec. 5. 
MRSA§6010-A, sub-§I, as enacted by PL 1985, c. 293, §3, IS 
amended to read: 
1. Scope of section. If a tenant unjustifiably moves from the premises prior to the. 
effective date for termination of ftis the tenant's tenancy and defaults in payment of rent, 
or if the tenant is removed for failure to .pay rent or any other breach of a lease or tenancy 
at will agreement, the landlord may recover rent and damages except amounts which fie 
the landlord could mitigate in accordance with this section, unless fie the landlord has 
expressly agreed to accept a . surrender of the premises and end the tenant's liability. 
Except as' the context may indicate otherwise, this section applies to the liability of a 
tenant under a lease, a periodic tenant or tenancy at will agreement or iffi the tenant's 
assignee of either. 
.. 
Sec. 6. 14 MRSA §6010-A, sub-§4, 4fiB, as enacted by PL 1985: c. 293, §3, is 
amended to read: 
B. Rerenting the premises or a part of the premises, with or without notice, with rent 
applied against the damages caused by the original tenant and in reduction of rent 
accruing under the original lease or tenancy at will agreement; 
Sec. 7. 14 MRSA §6013, as amended by PL 2003, c. 303, § I, is repealed and the 
following enacted init~ place: 
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. §6013. Property unclaimed by tenant 
Any personal property that remains in a rental unit after the issuance of a writ of 
possession or that is abandoned or unclaimed by a tenant following the tenant's vacating 
. the rental unit must be disposed Of as follows. 
. 
1. Place in storage. The landlord shall place in storage in a safe, dry, secured 
location any personal property that is abandoned or unclaimed by a tenant following the 
tenant's vacating the rental unit. 
2. Notice to tenant. The landlord shall send written notice by first class mail with 
proof of mailing to the last known address of the tenant concerning the landlord's intent to 
dispose of the property stored pursuant to subsection 1. The notice must include an 
itemized list of the items and containers of items of the property and advise the teriant that 
if the tenant does not respond to the notice within 14 days the landlord may dispose of the 
property as set forth in subsection 5. , 
3. Release of property claimed. If the tenant Claims the property within 14 days 
8. 
after the notice under subsection 2 is sent, the landlord shall release the property 'to the 
tenant and may not condition release of the property to the tenant upon payment of any 
fee or any other amount that may be owed to the landlord by the tenant. 
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4. Continuation of storage for c1~imed property. If the tenant responds to the, 
notice sent pursuant to subsection 2, the landlord shall continue to store the property for 
' at least 24 days after the landlord sent the notice. 
5. Conditional release; sale. If the tenant does not claim the property within 14 
days after the notice described in subsection '2 is sent, the llindlord may condition the 
release of the property to the tenant upon the tenant's payment of all rental arrearages, 
damages and costs of storage. If the property remains unclaimed after the 24th day after 
the notice described in subsection 2 is sent, the landlord may sell the property for a 
reasonable fair market price and apply all proceeds 'to rental arrearages, damages and 
costs of storage and sale. All remaining balances must then be forwarded to the Treasurer 
of State. 
Sec. 8. 14 MRSA §6021-A is enacted to read: 
§6021-A. Treatment of bedbug infestation 
1. Definition. As used in this section, unless the context otherwise indicates, "pest 
control agent" means a commercial applicator of pesticides certified pursuant to Title 22, 
section 1471-0. 
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2. Landlord duties. A landlord has the following duties. 
A. Upon written or oral notice from a tenant that a dwelling unit may have a bedbug 
infestation, the landlord' shall Within 5 days conduct an inspection of the unit for 
bedbugs. 
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B. Upon a determination that an infestation of bedbugs, does exist inl a, dwelling unit" 
the landlord shall within 10 days contact, a, pest contr.ol agent pursuant: to,paragpapfn <C. 
C. A landlord shall take reasonable measures to effectively identify and; treat the: 
be'dbug infestation as determined by a pest control' agent. Tne·l!mdlbrd shaH emptoy' 
a pest control agent that carries current insurance to promptly treat the bedbug 
infestation., 
O. Before renting a dwelling unit, a la~dlord sh'all disclose to a prospective tenant if 
an adjacent unit or units are currently infested with or are being treated for bedbugs. 
Upon request from a tenant or prospective tenant, a landlord' shall disdose the last 
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date that the dwelling unit the landlord seeks to rent or an adjacent unit or units were, 
inspected for a bedbug infestation and found to be free of a bedbug infestation. 
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E.' A landlord may not offer for rent a dwelling unit that the .Iandlord knows or 
, suspects is infested with bedbugs. 
F. 
A landlord shall offer to make reasonable assistance, including financial 
assistance, available to a tenant who is not able to comply with requested bedbug 
inspection or control measures under subsection 3, paragraph C. 
After first 
disclosing what the cost of treating the bedbug infestation may be, a landlord may 
charge the tenant a reasonable amount for any such assistance, subject to a reasonable 
repayment schedule, not to exceed 6 months, unless an extension is otherwise agreed 
to by the landlord and the tenant. 
3.' Tenant duties. A tenant has the following duties. 
A. A tenaht shall promptly notify a landlord when the tenant knows of or suspects an 
infestation of bedbugs in the tenant's dwelling unit. 
B. Upon receiving reasonable notice as set forth in section 6025, a tenant shall grant 
the landlord of the dwelling unit, the landlord's agent or the landlord's pest control 
agent and its employees access to the unit for purposes of an inspection for or the 
control of the infestation of bedbugs .. The inspection may include a visual inspection 
and manual inspection of the tenant's bedding and upholstered furniture. Employees 
of the pest control agent may inspect items other than bedding and upholstered 
furniture when such an inspection is considered reasonable by the pest control agent. 
If the pest control agent finds bedbugs in the dwelling unit or in an adjoining unit, the 
pest control agent may have additional access to the tenant's personal belongings as 
determined reasonable by the pest control agent. 
C. 
Upon receiving reasonable notice as set fm1h in section 6025, a tenant shall 
comply with reasonable measures to eliminate and control a bedbug infestation as set 
fOl1h by the landlord and the pest control agent. The tenant's unreasonable failure to 
completely comply with the pest control measures results in the tenant's being 
financially responsible for all pest coiltrol treatments of the dwelling unit arising from 
the tenant's failure to comply: 
4. Remedies. The following remedies are available. 
11\. The failure ora landlord to comply with the provisions of this section constitutes 
a finding that the landlord has unreasonably failed under the circumstances to take 
prompt, effective steps to repair or remedy a condition that endangers or materiallv 
impairs the health or safety of a tenant pursuant to section 60:21, subsection 3. 
B. A landlord who fails to comply with the provisions of this section is liable for a 
penalty of $250 or actual damages, whichever is greater, plus reasonable attorney's 
fees., 
C. 
A landlord may commence an action in accordance with section 6030-A and 
obtain relief against a tenant who fails to provide reasonable access or comply with 
reasonable requests for inspection or treatment or otherwise unreasonably fails to 
comply with reasonable bedbug control measures as set fOl1h in this section. For the 
purposes of section 6030-A and this section, if a court finds that a tenant has 
unreasonably failed to comply with this section, the court may issue a temporary 
order or interim relief pursuant to Title 5, section 4654 to carry out the provisions of 
this section, including but not limited to: 
(1) Granting the landlord access to the premises for the purposes set forth in this 
section; 
(2) Granting the landlord the right to engage in bedbug control measures; and 
(3) Requiring the tenant to comply with specified bedbug control measures or 
assessing .the tenant with costs and damages' related to the tenant's 
noncompliance: 
Any order granting -the landlord access to the' premises must be served upon the 
tenant at least 24 hours before the landlord enters the premises. 
D. 
In any action of forcible entry and detainer under section 600 I, there is a 
rebuttable presumption that the action was commenced in retaliation against the 
tenant if, within 6 months before the commencement of the action, the tenant has 
asserted the tenant's rights pursuant to this section. 
Sec. 9. 14 MRSA §6023, as enacted by.PL 1979, c. 180, is amended to read: 
§6023. Agency 
Any person authorized to enter into a residential reffial. lease or tenancy at wiIl 
agreement on behalfof the owner or owners of the premises shall be ill deemed to be the 
owner's agent for purposes of service of process and receiving and receipting for notices 
and demands. 
Sec; 10. 14 MRSA §6024,as amended by PL 1985, c. 638, §5, is further amended 
to read: 
§6024. Heat and utilities in common areas 
Ne A landlord may not enter into a lease or offer to lease tenancy at wiIl agreement 
for a dweIling unit in a multi-unit residential building where the expense of furnishing 
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heat or electricity or any other utility to the common areas' or other area not within the 
unit is the sole responsibility of the tenant in that unit, unless both parties to the lease or 
tenancy at wiIl agreement have agreed in writing that the t~narit wiIl pay for such costs in 
. 
return for a stated reduction in rent or other specified fair consideration. that approximates 
the actual cost of electricity providing heat or utilities: to\ the' common. areas .. "Common: 
areas" include includes, but are ill. not limite.d' to, hallways, stairwell's; basements, attics,: 
storage areas, fuel furnaces or water heaters. used: in: commonl w,ithl other tenants.. Excep.t 
as provided in this section, a written or ora\! waiver. ofthis requirement is against public. 
policy and is void. Any person jri violation: of this' SeGtioD is·liabJe to, the:+esse.e tenant for 
actual damages or $-l-(m' $250, whichever is greaten,. and: reasonable: att0meys:' fees, aned: 
costs. In any action brought pursuant to this, section,. th.elie is; a reDuttab\'e' presumption 
that the landlord is aware that the tenant has, beenl furnishing' heat orr' utility sew.ic.e; to, 
common areas of other units; If the landJ:<iJnd; lieouts, tI'I1s; wrreStlllJilpti01l',. the. l'allldJlb,rrcli is. 
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required to comply with this section but is only liable to the tenant for actual damages 
suffered by the tenant. 
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Sec.,I1. 14MRSA §6024-A, as enacted by pL 1989, c. 87, § 1, is repealed and the 
following enacted in its place: 
§6024-A. Landlord fa'i1ure to pay for utility service 
1. Deduct from rent. If a landlord fails to pay for utility service in the name of the 
landlord, the tenant, in accordance with Title 35-A, section 706, may pay for the utility 
service and deduct the amount paid from the rent due to the landlord. 
.. Award damages. In, addition to the remedy set forth in subsection 1, upon a 
finding by a court thata landlord has failed to pay for utility service in the name of the 
landlord, the court shall award to the tenant actual damages in the amount actually paid 
for utilities by the tenant or $100, whichever is greater, together with the aggregate 
amount of costs' and expenses reasonably incurred in connection with the· action. The 
court may also award to the tenant reasonable attorney's fees. 
3. Presumption. In any action brought pursuant to subsection 2, there is a rebuttable 
presumption that the landlord knowingly failed to pay for the utility· service. 
If the 
landlord rebuts this presumption, the landlord is liable to the tenant only for actual 
damages suffered by the tenant. 
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Sec. 12. 14 MRSA §6026, sub-§I, as enacted by PL 1981, c. 428, §10, is 
amended to read: 
1. Prohibition of dangerous conditions. ,We A landlord leasing who enters into a 
lease or tenancy at will agreement renting' premises for human habitation may not 
maintain or permit to exist on those premises any condition wfl.i:€.It that endangers or. 
matedally impairs the health or safety of the tenants. 
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Sec. 13. 14 MRSA §6026, sub-§5, as enacted by PL 1981, c. 428, § 1 0, is 
amended to read: 
5. ,Waiver. A proVIsion in a lease, whether oraJ or vt'ritten, or tenancy at will 
agreeinent in which the tenant waives either his the tenant's rights under this section or 
the duty of the landlord to maintain the premises in compliance with the standards of 
fitness specified in this section or any other duly promulgated ordinance or regulation is 
void, except that a written agreement whereby the tenant accepts specified conditions 
wfl.i:€.It that may violate the warranty of fitness for human habitation in return for a stated 
reduction in rent or other specified fair consideration is binding on the tenant and the 
landlord. 
Sec. 14. 14 MRSA §6026, sub-§10 is enacted to read: 
'10. Foreclosure. For tenancies in buildings in which a foreclosure action brought 
,pursuant to section 6203-A or6321 has been filed and is currently pending, or in which a 
foreclosure judgment has been entered, if the landlord or other successor in interest fails 
to maintain the premises in compliance with the standards in subsection 1, a tenant ~ay 
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assert the tenant's rights pursuant to this section witho~t regard to the cost of compliance 
limitations set forth in subsection 2. A tenant who asserts the tenant's rights under this 
subsection and who thereafter seeks assistance pursuant to Title 22, chapter 1161 may not 
have any arriounts expended under this subsection counted as income pursuant to Title 22, 
section 4301, subsection 7. 
Sec. 15. 14 MRSA §6026-A, as enacted by PL 2009, c. 135, §1, is amended to 
read: 
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§6026-A. Municipal intervention to provide for basic necessities 
In accordance with the procedures provided in this section, the municipal officers of 
any town or city or their designee may provide for the delivery of heating fuel basic 
necessities and any associated heating system repair activities to ensure the continued 
habitability of any premises leased for human habitation. For the purposes of this section, 
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"basic necessities" means those services, including but not limited to maintenance, repairs 
and provision of heat or utilities, that a landlord or tenant is otherwise responsible. to 
provide linderthe terms of a lease, a tenancy at will agreement or applicable law. 
1. Imminent threat to habitability of leased premises exists .. The leased premises 
must be out of heating fuel or nearly out of heating fuel in need of basic necessities such' 
that the municipal officers or their designee can make a finding that an imminent threat to 
the continued habitability of the premises e~ists. 
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2. Attempt' to contact landlord. The municipal officers or their designee must 
document a good faith attempt to contact the landlord of the premises under subsection 1 
regarding: 
A. The municipality's determination of the threat to habitability; 
B. 
The municipality's intention to provide for the delivery of heating fuel basic 
necessities; 
,C. The municipality's intention to subsequently recover the municipality's direct and 
administrative costs fromthe landlord; and 
D. The landlord's ability to avert the municipality's actions by causing the delivery 
provision of adequate supplies of heating fuel basic necessities by a time certain. 
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This communication to the landlord must be either in per,soo\, by. teleph0nti011' by certified 
mail as may be warranted considering the degree:0I1imminence:0f!'tne:tfm€at1., 
3. Municipality may provide.' for- basiC: necessities~, 
Ifl'ili~ laTilrlGl:Dmdl <ro1ilmtl lb~ 
contacted in a timely manner or ifLthe limdlbrd does not cause' tne: de,I~?f(e1l)'i' l1'11@N,iisj@nl @4f' 
adequate supplies of heating fuel bask necessities; by a,dead1fiT:l:~: iaenruiff1eclllbw mae 
municipal officers or their designee; the munici'pality may provide f0~'tJ1e.' clblJiwetIJf nran: 
adequate supply of heating fuel basic necessities and' wnatevel1attendaTil1i ae,tiNdil1i~Si liJi\'al~f re 
ne,cessary to ensure the proper functioning of the leased nremL':oss~' I'rsa1iiin:2> S?i.'stStlili ' 
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premises. 
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4. Lien. The municipality' has a lien against the landl'OI;d oftlile' leasecll pU€,liIilliises; forr 
the amount of money spent by the municipality to pwvide' for the aaeauate saleel?!' sf 
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heating fuel basic necessities and attendant activities pursuant to this section, as 'Nell as 
all reasonably related administrative costs pursuant to subsection 3-1. 
'5. Filing of n,otice of lien; interest; costs. The municipal officers or their designee 
shall file a notice of the lien under subsection 4 with the register of deeds of the county in 
which the property is located within 30 days of providing for the delivery of heating fuel 
basic necessities. That filing secures the municipality's lien interest for an amount equal 
to the costs recoverable pursuant to this section. Not less than 10 days prior to the filing; 
the municipal officers or their designee shall send notification of the proposed action by 
certified mail, return receipt requested, to the owner of the real estate and any record 
holder of the mortgage. The lien notification must contain the title, address'and telephone 
number of ,the municipal official officer or officers who authorized the provision of 
heating fuel basic necessities, an itemized list of the costs to be recovered by lien and the 
provisions of this sllbsecti6n regarding interest rates and costs. The lien is effective until 
enforced by an action for equitable relief or until discharged. Interest 9n the amount of 
money secured by the lien maybe charged by the municipality at a rate dete'rmined by the 
municipal officers but in no event may the . rate exceed the maximum rate of interest 
allowed by the Treasurer of State pursuant to Title 36, section 186. Interest accrues from 
and including the date the lien is filed. The costs of securing 'and enforcing the lien are 
recoverable upon enforcement. 
Sec. 16. 14 MRSA §6030, as amended by PL 1991, c. 704, is further amended to 
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§6030. Unfair agreements 
1. Illegal waiver of rights. It is an unfair and deceptive trade practice in v-iolation of 
Title 5, section 207 for a landlord to require a tenant to enter into a reJTtaI. Jeaseor tenancy 
at will agreement for a dwelling unit, as defined in section 6021, in which the tenant 
agrees to a lease or rule provision that has the effect of waiving a tenant right established 
in chapter 709, this chapter and or chapter 71 O-A. This subsection does not apply when 
the law specifically allows the tenant to waive a statutory right during negotiations with 
the landlord. 
2. 
Unenforceable provisions. 
The following reJTtaI. lease or tenancy, at will 
agreement or, rule provisions for a dwelling unit, as defined in section 6021, are 
specifically declared to be unenforceable and in violation of Title 5, section 207: 
A. Any provision that absolves the, landlord from liability for the negligence of the 
landlord or the landlord's agent; 
B. Any provision that requires the tenant to pay the landlord's legal fees in enforcing 
the reJTtaI. lease or tenancy at will agreement; 
C. Any provision that requires the tenant to give a lien upon the tenant's property for 
the amount of any rent or other sums due the landlord; and 
D. Any provision that requires the tenant to acknowledge that the provisions of the' 
reJTtaI. lease or tenancy at will agreement, including tenant rules, are fair and 
reasonable. 
3. Exception. Notwithstanding subsection 2, paragraph B, a reffiallease or tenancy 
at will agreement or rule provision that provides for the award of attorney's fees to the 
prevailing party after a contested hearing to enforce the reffial lease or tenancy at will 
agreement in cases of wanton di~regard of the terms of the reffiallease or tenancy at will 
agreement is not in violation of Title 5, section 207 and is enforceable. 
. 
. 
Sec. 17. 14 MRSA §6030-B, as amended by PL 2007, c. 238, § 1, is further 
amended to read: 
§6030-B. Environmental lead hazards 
1. Environmental lead hazard disclosure .. A landlord or. other lessor of person 
. who on behalf of a landlord enters into a lease or tenancy at will agreement for residential 
property shall provide to potential tenants imd lessees a residential real property 
disclosure statement that includes, but is not limited to, information about the presence or 
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prior removal of lead.;based paint in accordance with Title 22, section 1328. 
2. Application. The landlord or lessef other person who on behalf of a landlord 
eriters into a lease or tenancy at will agreement shall provide the residential real propeliy 
disclosure statement under subsection 1 when a structure that is part of the real property 
was built prior to 1978. 
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3. Notificatio'n of repairs. A landlord or other lessor of person who .oli behalf of a 
landlord enters into a lease or tenancy at will agreement for residential property who 
undertakes, or who engages someone else to. undertake, any repair, renovation or 
remodeling activity in a residential building built before 1978 that includes. one or more 
units that are rented for human habitation shall give notice of the activity and the. risk of 
an environmental lead hazard pursuant to this subsection. 
A. Notice must be given at least 30 days before the activity is commenced by: 
(1) Posting a sign on the building's exterior entry doors; and 
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(2) A notice sent by certified mail to every unit in the Quilding.· 
B. Notwithstanding paragraph A, notice may be given less than 30 days before the 
activity is comm.enced by: 
29(1) Posting a sign on the building's exterior entry doors; and 
(2) Obtaining from one adult tenant of each unit in the building a written waiver 
of the 30-day notice requirement and a written acknowledgment of receipt of 
notice for the particular activity. 
C. The waiver of the 30-day notice requirement pursuant to paragraph B must be in 
plain language, rmmediately precede the signature of the adult tenant, be printed in no 
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less than 12-point boldface type and be in· the following form or in a'substantially 
similar form: 
. 
NOTICE: 
YOU ARE WAIVING YOUR RIGHT UNDER STATE LAW TO 
RECEIVE 30 DAYS' NOTICE PRIOR TO ANY REPAIR, RENOVATION OR 
REMODELING 
ACTIVITY TO A RESIDENCE BUILT BEFORE 1978. 
RESIDENCES 
BUILT 
BEFORE 
1978 
MAY 
CONTAIN 
LEAD 
PAINT 
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SUFFICIENT 
TO 
POISON 
CHILDREN 
AND 
SOMETIMES 
ADULTS. 
WORKERS PERFORMING RENOVATIONS OR REPAIRS IN HOUSING BUILT 
BEFORE 
1978 SHOULD USE LEAD-SAFE WORK PRACTICES THAT 
MINIMIZE AND CONTAIN LEAD DUST AND SHOULD CLEAN THE WORK 
AREA THOROUGHLY TO PREVENT LEAD POISONING. 
D. For'purposes of this subsection, "repair, renovation or remodeling activity" means 
the repair, reconstruction, restoration, replacement, sanding or removal of any 
structural part of a residence that may disturb a surface coated with lead-based paint. 
E. For purposes of this subsection, "environmental lead hazard" means any condition 
that may cause exposure to lead from lead-contaminated dust or lead-based paint. 
F. Emergency repairs are exempt from the notification provisions of this subsection. 
For purposes of this paragraph, "emergency repairs" means repair, renovation or 
remodeling activities that were not planned but result from a sudden, unexpected 
'event that, if not immediately attended to, presents a safety or public health hazard or 
threatens equipment or property with significant damage. 
G. A person who violates this subsection commits,a civil violation for which a fine 
of up to $500 per violation may be assessed. This paragraph is enforceable in either 
District Court or Superior Court. 
H. This subsection may not be construed to limit a tenant's rights, a landlord's duties 
or any other provisions under section 6026 or Title 22, chapter 252. 
Sec. 18. 14 MRSA §6030-C, as enacted by PL 2005, c. 534, § 1, is amended to 
read: 
§6030-C.Residential energy efficiency disclosure statement 
1. Energy efficiency disclosure. A landlord or other lessor of person who on behalf 
of a landlord enters into a lease or tenancy at will agreement for residential property that 
will be used by a tenant or lessee as a primary residence shall provide to potential tenants 
or lessees a residential energy efficiency disclosure statement in accordance with ,Title 
35.:.A, section 10006, subsection 1 that includes, but is not limited to, information a:bout 
the energy efficiency of the property. 
2. Provision of statement. A fandlord or other le5s-er person who on behalf of a 
landlord enters into a lease or tenancy at' will agreement shall provide the residential ' 
energy efficiency disclosure statement required under subsection 1 in accordance with 
this subsection. The landlord or le5s-er other person who on behalf of a landlord enters 
into a lease or tenancy at will agreement shall provide the statement to any person who 
requests the statement in person and shall post the statement in a prominent location in a 
prope\ty that is being offered for rent or ,lease. Before a tenant or lessee enters into a 
contract or pays a deposit to rent or lease a property, the landlord or le5s-er other person 
who on behalf of a landlord enters into a lease or tenancy at will agreement shall provide 
the statement to the tenant or lessee, obtain the tenant's or lessee's signature on the 
statement and sign the statement. The landlord or le5s-er other person who on behalf of a 
landlord enters into a lease or tenancy at will agreement shall retain the signed statement, 
for a minimum of 7 years. 
Sec. 19. 14 MRSA §6030-D, as enacted by PL 2009, c. 278, §1, is amended to 
read: 
§6030-D. Radon testing. 
1. Testing. By 2012 and every 10 years thereafter, a landlord or other lessor of 
person who on behalf of a landlord enters into a lease or tenancy at will agreement for a 
residential building shall have the air of the residential building tested for the presence of 
radon. A test required to be performed under this section must be conducted by a person 
registered with the Department of Health and Human Services pursuant to Title 22, 
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chapter 165. 
2. Notification. A landlord or other lessor of.person who on behalf of a landlord 
enters into a lease or tenancy at will agreement for a residential-building shall provide 
written notice to a tenant or potential tenant regarding the presence of radon in the 
building, including the date and results of the most recent test conducted under subsection 
1, and the risk associated with radon. The department Department of Health and Human 
Services shall prepare a standard disclosure statement form for landlords and a landlord 
or other lessors of person who on behalf of a landlord enters into a lease or tenancy at will 
agreement for real property to use to disclose to a tenant' or potential tenant information 
concerning radon. The fonn must include an acknowledgment that the tenant or potential 
tenant has received the disclosure statement required by this subsection. The department 
shall post and maintain the forms required by this subsection on its publicly accessible 
website in a format that is easily downloaded. 
3. Mitigation. When the test of· a residential buildingunder subsection 1 reveals a 
level of radon of 4.0 picocuries per liter of air or above, the landlord or other lessor of 
person who on behalf of a landlord enters into a lease or tenancy at will agreement for 
that building shall, within 6 months, mitigate the level of radon in the residential building 
until it is reduced to a level below 4;0 picocuries per liter of air. If a landlord or other 
lessor of person who on behalf of a landlord enters into a- lease or tenancy at will 
agreement for a residential building is required to obtain a permit under a local or 
municipal ordinance, mitigation must occur within 6 months after obtaining any 
necessllry permit. Mitigation services must be provided by a person registered with the 
Department of Health and Human Services pursuant to Title 22~ chapter· 165. After 
mitigation has been perfonned pursuant to this subsection to reduce the level of radon,. 
the landlord or other lessor of person who on behalf of a landlord enters into a lease or 
tenancy at will agreement for the residential biIilding shall provide written notice to 
tenants that radon levels have been mitigated. 
. 
4. Penalty. A person who violates this section commits a civil violation for which a 
fine of not more than $250 per violation may be assessed. 
Sec. 20. 14 MRSA§6031, sub-§2, as enacted by PL 1977, c. 359, is amended to 
read: 
2. Security deposit. "Security deposit" means any advance or deposit, regardless of 
its denomination, of money, the primary function of which is to secure the performance 
of a rentat lease or tenancy at will agreement for residential premises or any part thereof. 
Page II - 124LR2S90(OI)-1 
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Sec. 21. 14 MRSA §6031, sub-§3, as enacted by PL 2007,c. 370, §I, iS,amended 
to read: 
3. Surety bond. "Surety bond" means a bond purchased by a tenant in lieu of 
making a security deposit wh~m the function of the bond is to secure the performance of a 
reffia.J. lease or tenancy at will agreement for residential premises or any part of residential 
premises. 
Sec. 22. 14 MRSA §6032, as enacted by PL 1977, c. 359, is ~mendedto read: 
§6032. Maximum security deposit 
No lessor of A lease or tenancy at will agreement for a dwelling intended for human 
habitation sfl.a.l.l. may not require a secu'rity deposit equivalent to more than the rent for'2 
months. 
Sec. 23. 14 MRSA §6036, as enacted by PL 1977, c. 359, is amended to read: 
§6036. Waiver of provisions 
Any provision, whether oral or written, in or pertaining to a reffia.J. lease or tenancy at 
will agreement whereby any provision of this chapter for the benefit of a tenant or 
members of #s the tenant's household is waived shall be deemed to_be .i§. against public 
policy and shall be is void. 
Sec. 24. 14 MRSA §6038, as amended by PL 1999, c. 213, §2, is repealed and the 
following enacted in its place: 
' 
§6038. Treatment of security deposit 
1. Requirements. During the term of a tenancy, a security deposit given to a 
landlord as part of a residential rental agreement may not be treated as ,an asset to be 
commingled with the assets of the landlord or any other entity or person. All security 
deposits received after October 1, 1979 must be held in an account of a bank or other 
financial institution under terms' that place the security deposit beyond' the claim of 
creditors of the landlord or any other entity or person, including a foreclosing mortgagee 
or trustee in bankruptcy, and that provide for transfer of the security deposit to a , 
subsequent owner of the dwelling unit or to the tenant in accordance with section 6035. 
Upon the transfer of the dwelling unit, the new owner shall assume all responsibility for 
maintaining and returning to tenants all security deposits accounted for and transferred 
pursuant to section 6035. Upon request by a tenant, a landlord shall disclose the name of 
the institution and the account number where the security deposit is being held. 
A 
landlord may use a single escrow account to hold security deposits from all of the tenants. 
A landlord may use a single escrow account to hold· security deposits from tenants 
residing in separate buildings if the buildings are owned by different entities as long as 
the different entities are substantially controlled or owned by a single landlord. 
2. 'Remedies; Upon a finding by a court that a violation ofthis section has occurred, 
the tenant is entitled 'to recover actual damages, $500 or the equivalent of one .month's 
rent, wh ichever is greatest, together with the 'aggregate amount of costs and expenses 
/ 
reasonably incurred in connection with the action. The court may also award to the 
tenant reasonable attorney's fees. 
3. 
Application. 
The provIsIons of subsection 2 apply to all security deposits 
collected bya landlord after June 1, 2010. As of October 1, 2010, the provisions of 
subsection 2 apply to a:1I security deposits held by or on behalf of a landlord . 
. 6 
SUMMARY 
This bill implements the unanimous recommendations of the working group to study 
landlord and tenant issues. The bill does the following. 
1. It makes changes to the abandoned and unclaimed property law to simplify the 
• .process for landlords and tenants. -
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2. It makes several changes to update the law and clarify thatthe provisions apply to 
written leases and to tenancies at will. 
3. It codifies in law the holdings of recent court decisions relating to a landlord's 
responsibilities to provide reasonable accommodations to a tenant. 
.4. - It requires that a tenant be given written notice of the right to contest an eviction 
ac;tion. 
5. It provides a remedy for a tenant if the-landlord fails to pay for heat or utilities. 
6. It allows a municipality to intervene to provide basic necessities to ensure the -
habitability of property leased to tenants and gives the municipality a lien against the 
landlord. for the costs. Basic necessities include maintenance, repairs, heat and utilities for 
which a land lord or tenant is -responsible. 
7. It establishes the duties of a landlord and ten~nt when a dweIling unit has a 
bedbug infestation. 
8. Under current law; a tenant may make minor repairs and deduct the costs from 
rent up to $500 or 1/2 a month's rent. The bill allows atenant to deduct from rent the full 
cost associated with making necessary repairs to property in foreclosure if the landlord 
fails to maintain the property. 
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