An Act To Expedite the Eviction Process and Lower the Eviction Workload of the Courts
Maine Legislature, Session 125, LD 1070
Committee: Veterans and Legal Affairs
Sponsors: CUSHING, PLOWMAN, CEBRA, CURTIS, DAMON, HAMPER, PARKER, PRESCOTT, RICHARDSON, WEAVER
Amends: 14 MRSA §6004-B

Legislative Document 
No. 1070 
H.P. 805 
House of Representatives, March 15, 2011 
An Act To Expedite the Eviction Process and Lower the Eviction 
Workload of the Courts 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CUSHING of Hampden. 
Cosponsored by Senator PLOWMAN of Penobscot and 
Representatives: CEBRA of Naples, CURTIS of Madison, DAMON of Bangor, HAMPER of 
Oxford, PARKER of Veazie, PRESCOTT of Topsham, RICHARDSON of Warren, WEAVER 
of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6004-B is enacted to read: 
§6004-B.  Nonpayment of rent; payment to court 
If a complaint for forcible entry and detainer is based on nonpayment of rent, the 
tenant shall pay, pursuant to the provisions of this section, to the court clerk the amount 
alleged in the complaint as unpaid or, if the amount unpaid is contested, the amount 
determined by the court and any rent accruing during the pendency of the action when 
due, unless the tenant has raised the defense that the tenant has paid the rent in the 
amount alleged by the complaint as unpaid. 
1.  Date.  The tenant shall pay to the court clerk: 
A.  Unless the tenant contests the amount of accrued rent, the amount alleged in the 
complaint on or before the date on which the tenant's answer to the complaint is due; 
and 
B.  If the tenant contests the amount of accrued rent, the amount determined by the 
court on the day that the court makes its determination. 
The court may extend these time periods to allow for later payment for good cause 
shown. 
2.  Rent during pendency of action.  The court may order the tenant to pay to the 
court clerk the rent that accrues during the pendency of the action. 
3.  Account.  The court clerk shall deposit the amounts paid by a tenant in a separate 
account and maintain records of the amounts paid. 
4.  Contested amount.  If the tenant contests the amount of money to be paid to the 
court clerk pursuant to subsection 1, the hearing concerning the amount is limited to only 
the factual or legal issues concerning: 
A.  Whether the tenant has been properly credited by the landlord with all rental 
payments made; and 
B.  What property constitutes rent under the rental agreement. 
5.  Notice to tenant.  The court shall by order notify the tenant of the requirement 
that rent be paid to the court clerk.  The order must be issued immediately upon filing of 
the tenant's initial pleading, motion or other filing. 
6.  Counterclaim.  The filing of a counterclaim for money damages does not relieve 
the tenant from the requirement that the tenant pay rent due to the court clerk pursuant to 
subsection 1. 
7.  Failure to pay.  Failure of the tenant to pay the rent to the court clerk pursuant to 
court order issued under subsection 5 is deemed an absolute waiver of the tenant's 
defenses to the action, and the landlord is entitled to an immediate default judgment 
without further notice or hearing. 
8.  Balance.  At the time of the judgment, the court shall determine the amount of the 
funds deposited that are properly due the landlord and shall pay that amount to the 
landlord.  If the court determines that any of the amount paid by the tenant should be 
refunded to the tenant, the court shall pay that amount to the tenant. 
9.  Landlord hardship.  If the landlord is in actual danger of loss of the premises or 
other hardship resulting from the loss of rental income from the premises, the landlord 
may apply at any time to the court for the disbursement of all or part of the funds paid to 
the clerk. 
SUMMARY 
This bill addresses forcible entry and detainer actions in which the landlord alleges 
that the tenant has not paid the rent.  The bill requires the tenant, when answering the 
forcible entry and detainer complaint, to pay to the court clerk the amount stated in the 
complaint that the tenant owes in accrued rent.  If the tenant disputes the amount, the 
court determines the appropriate amount to be paid to the court clerk.  The court clerk 
deposits the funds received in an account and maintains records of the amounts paid.  The 
court may require the tenant to pay rent as it accrues during the pendency of the action. 
When the court enters the judgment in the action, the court determines who is to 
receive the funds that the tenant paid to the clerk. 
If the tenant fails to pay as required by the court, the tenant is deemed to have waived 
all defenses and a judgment must be issued for the landlord. 
The court may disburse money from the account to the landlord before the judgment 
if the landlord is in actual danger of loss of the premises or faces other hardship from the 
loss of rental income.