reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030-A. Protection of rental property or tenants

§6030-A. Protection of rental property or tenants
1.  Commencing action.
A landlord may file a petition against a tenant, a guest or invitee of a tenant or the owner of a dangerous pet on the premises for the protection of rental property or tenants when the landlord, the landlord's employee or agent, the landlord's rental property or persons who are tenants of the landlord have experienced harm or have been threatened with harm by a tenant of the landlord, a guest or invitee of a tenant or a dangerous pet on the premises. The landlord may file the petition in the landlord's own name or, when the landlord has written authority from a tenant to do so, may file the action on behalf of the aggrieved tenant, or both.
[PL 2003, c. 265, §1 (AMD).]
2.  Procedures and relief.
Actions under this section are governed by the procedural provisions of Title 5, chapter 337‑A. In addition, a temporary order may be sought if the landlord's rental property is in an immediate and present danger of suffering substantial damage as a result of the defendant's actions, and additional injunctive relief may be granted enjoining the defendant from damaging the landlord's or aggrieved tenant's property or from threatening, assaulting, molesting, confronting or otherwise disturbing the peace of the landlord, the landlord's employee or agent or of any aggrieved tenant.
[PL 1995, c. 650, §8 (NEW).]
SECTION HISTORY
PL 1995, c. 650, §8 (NEW). PL 2003, c. 265, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030-C. Residential energy efficiency disclosure statement

§6030-C. Residential energy efficiency disclosure statement
1.  Energy efficiency disclosure.
A prospective tenant who will be paying utility costs has the right to obtain from an energy supplier for the unit offered for rental the amount of consumption and the cost of that consumption for the prior 12-month period. A landlord or other 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 who pay for an energy supply for the unit or upon request by a tenant or lessee a residential energy efficiency disclosure statement in accordance with Title 35‑A, section 10117, subsection 1 that includes, but is not limited to, information about the energy efficiency of the property. Alternatively, the landlord may include in the application for the residential property the name of each supplier of energy that previously supplied the unit, if known, and the following statement: "You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier."
[RR 2011, c. 1, §21 (COR).]
2.  Provision of statement.
A landlord or other 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 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. Before a tenant or lessee enters into a contract or pays a deposit to rent or lease a property, the landlord or 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 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 3 years.
[PL 2011, c. 405, §11 (AMD).]
SECTION HISTORY
PL 2005, c. 534, §1 (NEW). PL 2009, c. 566, §18 (AMD). PL 2009, c. 652, Pt. B, §2 (AMD). PL 2009, c. 652, Pt. B, §3 (AFF). PL 2011, c. 405, §11 (AMD). RR 2011, c. 1, §21 (COR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030-E. Smoking policy

§6030-E. Smoking policy
1.  Definition.
For the purposes of this section, unless the context otherwise indicates, "smoking" means carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco smoke.
[PL 2011, c. 199, §1 (NEW).]
2.  Smoking policy disclosure.
A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises in accordance with subsection 3.
[PL 2011, c. 199, §1 (NEW).]
3.  Notification.
A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises shall provide written notice to a tenant or potential tenant regarding the allowance or prohibition of smoking on the premises.
A. The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed.   [PL 2011, c. 199, §1 (NEW).]
B. A landlord or other person who acts on behalf of a landlord may notify a tenant or potential tenant of a smoking policy by:
(1) Disclosing the smoking policy in a written lease agreement; or
(2) Providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement.   [PL 2011, c. 199, §1 (NEW).]
C. Before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease a property, the landlord or other person who acts on behalf of a landlord shall obtain a written acknowledgment of the notification of the smoking policy from the tenant or potential tenant.   [PL 2011, c. 199, §1 (NEW).]
[PL 2011, c. 199, §1 (NEW).]
4.  Construction.
This subsection restricts private causes of action based on violations of this section or smoking policies provided to tenants or potential tenants pursuant to this section.
A. A tenant or potential tenant may not maintain a private cause of action against a landlord or other person who acts on behalf of a landlord on the sole basis that the landlord or other person who acts on behalf of a landlord failed to provide the smoking policy disclosure required by this section.   [PL 2011, c. 199, §1 (NEW).]
B. A tenant or potential tenant may not use a violation of a smoking policy by another tenant as the basis for a private cause of action against a landlord or other person who acts on behalf of a landlord.   [PL 2011, c. 199, §1 (NEW).]
[PL 2011, c. 199, §1 (NEW).]
SECTION HISTORY
PL 2011, c. 199, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030-G. Injuries or property damage involving an assistance animal

§6030-G. Injuries or property damage involving an assistance animal
1.  No liability.
The owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a dwelling unit or any of their agents is not liable in a civil action for personal injury, death, property damage or other damages resulting from or arising out of an occurrence involving an assistance animal at the dwelling unit.
[PL 2017, c. 61, §1 (NEW).]
2.  Exceptions.
Subsection 1 does not limit the liability of the owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a dwelling unit or any of their agents:
A. In cases of gross negligence, recklessness or intentional misconduct on the part of the owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a dwelling unit or any of their agents; or   [PL 2017, c. 61, §1 (NEW).]
B. When the assistance animal is owned by or in the care of the owner, lessor, sublessor, managing agent or other person having the right to sell, rent, lease or manage a dwelling unit or any of their agents.   [PL 2017, c. 61, §1 (NEW).]
[PL 2017, c. 61, §1 (NEW).]
SECTION HISTORY
PL 2017, c. 61, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030-H. Fees charged to applicants for lease of residential dwelling unit

§6030-H. Fees charged to applicants for lease of residential dwelling unit
1.  Definition.
As used in this section, "dwelling unit" has the same meaning as in section 6021, subsection 1.
[PL 2023, c. 346, §1 (NEW).]
2.  Fees prohibited generally.
Except as provided in this section, a landlord may not require an applicant to pay a fee to submit an application to enter into an agreement for rental of a dwelling unit or require an applicant to pay a fee for the landlord to review or approve an application to enter into an agreement for rental of a dwelling unit.
[PL 2023, c. 346, §1 (NEW).]
3.  Exceptions.
Subject to the requirements of this subsection, a landlord, in connection with an application to enter into an agreement for rental of a dwelling unit, may require an applicant to pay the actual cost of only one of the following:
A. A background check;   [PL 2023, c. 346, §1 (NEW).]
B. A credit check; or   [PL 2023, c. 346, §1 (NEW).]
C. A screening process other than those in paragraphs A and B.   [PL 2023, c. 346, §1 (NEW).]
A landlord shall provide an applicant with a complete copy of the information obtained pursuant to a background check, credit check or other screening process. A landlord may not charge an applicant any fee under this subsection unless the landlord has notified the applicant that the landlord is required by law to provide the applicant a complete copy of the information obtained pursuant to the background check, credit check or other screening process.
A landlord may not charge an applicant more than one fee for a background check, credit check or other screening process in any 12-month period.
[PL 2023, c. 346, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 346, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6031. Definitions

§6031. Definitions
As used in this Part, unless the context otherwise indicates, the following words shall have the following meanings.   [PL 1977, c. 359 (NEW).]
1.  Normal wear and tear.
"Normal wear and tear" means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of the tenant's household or their invitees or guests. The term "normal wear and tear" does not include sums or labor expended by the landlord in removing from the rental unit articles abandoned by the tenant such as trash. If a rental unit was leased to the tenant in a habitable condition or if it was put in a habitable condition by the landlord during the term of the tenancy, normal wear and tear does not include sums required to be expended by the landlord to return the rental unit to a habitable condition, which may include costs for cleaning, unless expenditure of these sums was necessitated by actions of the landlord, events beyond the control of the tenant or actions of someone other than the tenant or members of the tenant's household or their invitees or guests.
[PL 1997, c. 261, §1 (AMD).]
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 lease or tenancy at will agreement for residential premises or any part thereof.
[PL 2009, c. 566, §20 (AMD).]
3.  Surety bond.
"Surety bond" means a bond purchased by a tenant in lieu of making a security deposit when the function of the bond is to secure the performance of a lease or tenancy at will agreement for residential premises or any part of residential premises.
[PL 2009, c. 566, §21 (AMD).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 1981, c. 428, §11 (AMD). PL 1997, c. 261, §1 (AMD). PL 2007, c. 370, §1 (AMD). PL 2009, c. 566, §§20, 21 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6032. Maximum security deposit

§6032. Maximum security deposit
A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months.   [PL 2009, c. 566, §22 (AMD).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 2009, c. 566, §22 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6033. Return of the security deposit

§6033. Return of the security deposit
1.  Normal wear and tear.
A security deposit or any portion of a security deposit shall not be retained for the purpose of paying for normal wear and tear.
[PL 1977, c. 359 (NEW).]
2.  Return; time; retention.
A landlord shall return to a tenant the full security deposit deposited with the landlord by the tenant or, if there is actual cause for retaining the security deposit or any portion of it, the landlord shall provide the tenant with a written statement itemizing the reasons for the retention of the security deposit or any portion of it:
A. In the case of a written rental agreement, within the time, not to exceed 30 days, stated in the agreement; and   [PL 1977, c. 359 (NEW).]
B. In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later.   [PL 1977, c. 359 (NEW).]
The written statement itemizing the reasons for the retention of any portion of the security deposit must be accompanied by a full payment of the difference between the security deposit and the amount retained.
Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord.
The landlord is deemed to have complied with this section by mailing the statement and any payment required to the last known address of the tenant.
[PL 1995, c. 52, §1 (AMD).]
3.  Penalty.
If a landlord fails to provide a written statement or to return the security deposit within the time specified in subsection 2, the landlord shall forfeit his right to withhold any portion of the security deposit.
[PL 1977, c. 359 (NEW).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 1985, c. 264 (AMD). PL 1995, c. 52, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6034. Wrongful retention; damages

§6034. Wrongful retention; damages
1.  Notice to landlord of intention to bring suit; presumption on failure to return deposit.
If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033, the tenant shall give notice to the landlord of the tenant's intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit.
[PL 1995, c. 52, §2 (AMD).]
2.  Double damages for wrongful retention.
The wrongful retention of a security deposit in violation of this chapter renders a landlord liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs.
[PL 1995, c. 52, §2 (AMD).]
3.  Burden of proof.
In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord's withholding of the security deposit, or any portion of it, was not wrongful.
[PL 1995, c. 52, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 1995, c. 52, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6035. Transfer of security deposit

§6035. Transfer of security deposit
1.  Landlord's termination of interests in dwelling unit.
Upon termination of a landlord's interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver or otherwise, the person in possession of a security deposit, including, but not limited to, the landlord, the landlord's agent or the landlord's executor, shall, upon the transfer of the interest in the dwelling unit:
A. Provide to the landlord's successor in interest an accounting of the amount of each security deposit paid by each tenant and held by the person in possession of the security deposits, transfer the funds or any remainder after lawful deduction under this chapter to the landlord's successor in interest and provide to the tenant by mail:
(1) Notice of that transfer;
(2) Notice of the transferee's name and address; and
(3) A copy of the accounting of the amount of the security deposit transferred; or   [PL 1999, c. 213, §1 (RPR).]
B. Return the funds or any remainder after lawful deductions under this section to the tenant.   [PL 1999, c. 213, §1 (RPR).]
If the landlord's interest is terminated by sale, then the accounting and transfer of funds must occur no later than at the real estate closing. A person in possession of a security deposit, including, but not limited to, the landlord, the landlord's agent or the landlord's executor, shall provide written proof of the accounting and transfer of funds to the landlord's successor in interest at the real estate closing.
[PL 2007, c. 332, §1 (AMD).]
2.  Release from liability following compliance.
Upon compliance with this section, the person in possession of the security deposit shall be relieved of further liability, and the transferee, in relation to those funds, shall be deemed to have all of the rights and obligations of a landlord holding the funds as a security deposit.
[PL 1977, c. 359 (NEW).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 1999, c. 213, §1 (AMD). PL 2007, c. 332, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6036. Waiver of provisions

§6036. Waiver of provisions
Any provision, whether oral or written, in or pertaining to a lease or tenancy at will agreement whereby any provision of this chapter for the benefit of a tenant or members of the tenant's household is waived is against public policy and is void.   [PL 2009, c. 566, §23 (AMD).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 2009, c. 566, §23 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6037. Exemptions

§6037. Exemptions
1.  Federally guaranteed mortgages.
Any of the provisions of this chapter relative to security deposits which may be in conflict with the terms of a mortgage guaranteed by the United States or any authority created under the laws thereof, shall not apply to security deposits held by a lessor who appears as the mortgagor in such a mortgage.
[PL 1977, c. 359 (NEW).]
2.  Owner-occupied buildings of 5 or fewer units.
This chapter shall not apply to any tenancy for a dwelling unit which is part of a structure containing no more than 5 dwelling units, one of which is occupied by the landlord.
[PL 1977, c. 359 (NEW).]
SECTION HISTORY
PL 1977, c. 359 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-A: SECURITY DEPOSITS ON RESIDENTIAL RENTAL UNITS › 14 §6038. Treatment of security deposit

§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.
[PL 2009, c. 566, §24 (NEW).]
2.  Remedies.
Upon a finding by a court that a violation of this section has occurred, the tenant is entitled to recover from the landlord actual damages, $500 or the equivalent of one month's rent, whichever 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.
[PL 2009, c. 566, §24 (NEW).]
3.  Application.
The provisions of subsection 2 apply to all security deposits collected by a landlord after June 1, 2010. As of October 1, 2010, the provisions of subsection 2 apply to all security deposits held by or on behalf of a landlord.
[PL 2009, c. 566, §24 (NEW).]
SECTION HISTORY
PL 1979, c. 315 (NEW). PL 1981, c. 428, §12 (AMD). PL 1999, c. 213, §2 (AMD). PL 2009, c. 566, §24 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-C: DISCLOSURE OF RESIDENTIAL UTILITY COSTS › 14 §6045. Disclosure of transmission and distribution utility costs

§6045. Disclosure of transmission and distribution utility costs
Upon request, a transmission and distribution utility, as defined in Title 35‑A, section 102, shall provide free of charge to current or prospective customers, tenants or property owners residential electric energy consumption and cost information for a dwelling unit for the prior 12-month period or figures reflecting the highest and lowest electric energy consumption and cost for the previous 12 months. The cost must include and separately identify the cost of the transmission and distribution utility's services and the cost of electricity. If a unit has been occupied for a period of less than 12 months or for any other reasons the utility does not have information regarding electricity consumption or costs for a period of 12 months, the utility shall estimate the unit's annual kilowatt-hour consumption or cost. The estimated cost must be based on the applicable standard-offer service price or default service price established by the Public Utilities Commission. Provision of this information is neither a breach of customer confidentiality nor a guarantee or contract by the utility as to future consumption levels for or the cost of the provision of electricity to that unit. For purposes of this section, "dwelling unit" includes mobile homes, apartments, buildings or other structures used for human habitation.   [PL 1999, c. 657, §6 (AMD).]
SECTION HISTORY
PL 1993, c. 183, §1 (NEW). PL 1999, c. 657, §6 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-C: DISCLOSURE OF RESIDENTIAL UTILITY COSTS › 14 §6046. Disclosure of natural gas pipeline utility costs

§6046. Disclosure of natural gas pipeline utility costs
Upon request, a natural gas pipeline utility, as defined in Title 35‑A, section 102, shall provide free of charge to current or prospective customers, tenants or property owners residential natural gas energy consumption and cost information for a dwelling unit for the prior 12-month period or figures reflecting the highest and lowest natural gas energy consumption and cost for the previous 12 months. If a unit has been occupied for a period of less than 12 months, the natural gas pipeline utility shall estimate the unit's annual consumption and cost. Provision of this information is neither a breach of customer confidentiality nor a guarantee or contract by the utility as to future consumption levels for that unit. For purposes of this section, "dwelling unit" includes mobile homes, apartments, buildings or other structures used for human habitation.   [PL 1995, c. 11, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 11, §1 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-D: BUILDINGS ON LEASED LOTS › 14 §6047. Application

§6047. Application
1.  Parties to agreement; purposes of agreement.
This chapter applies to agreements between:
A. A person, referred to in this chapter as the "lessor," who owns land in territory under jurisdiction of the Maine Land Use Planning Commission; and   [PL 2003, c. 510, Pt. A, §12 (RPR); PL 2011, c. 682, §38 (REV).]
B. A person, referred to in this chapter as the "lessee," who intends to construct or to occupy a building or buildings owned by that person on leased land in territory under jurisdiction of the Maine Land Use Planning Commission for recreational or residential purposes on a seasonal or year-round basis or to operate a business consisting of a commercial sporting camp, campground or retail store.   [PL 2003, c. 510, Pt. A, §12 (RPR); PL 2011, c. 682, §38 (REV).]
[PL 2003, c. 510, Pt. A, §12 (RPR); PL 2011, c. 682, §38 (REV).]
2.  Application.
This chapter applies to agreements entered into or renewed on or after July 25, 2002.
[PL 2003, c. 510, Pt. A, §12 (RPR).]
SECTION HISTORY
PL 2001, c. 612, §1 (NEW). PL 2001, c. 653, §1 (NEW). PL 2003, c. 510, §A12 (RPR). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-D: BUILDINGS ON LEASED LOTS › 14 §6048. Written lease and description required

§6048. Written lease and description required
An agreement described in section 6047 must be made in the form of a written lease and must include at least a general description of the boundaries of the land to be leased.   [PL 2003, c. 510, Pt. A, §12 (RPR).]
SECTION HISTORY
PL 2001, c. 612, §1 (NEW). PL 2001, c. 653, §1 (NEW). PL 2003, c. 510, §A12 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-D: BUILDINGS ON LEASED LOTS › 14 §6049. Required notice

§6049. Required notice
1.  Required notice of change in terms.
A lessor must give a lessee at least 30 days' notice of a change in the terms of a lease.
[PL 2003, c. 510, Pt. A, §12 (RPR).]
2.  Required notice of termination.
Unless the lease is terminated for cause, a lessor must give notice to a lessee of the intent to terminate the lease at least one year prior to the effective date of the termination. All terms of the lease remain in effect following the notice, except that:
A. Termination provisions of the lease to the extent inconsistent with this section are void, beginning on the date the notice is provided;   [PL 2003, c. 510, Pt. A, §12 (RPR).]
B. The lessee may terminate the lease earlier than the effective date provided in the notice; and   [PL 2003, c. 510, Pt. A, §12 (RPR).]
C. If the lessee violates the lease during the period between the giving of the notice and the termination date provided in the notice, this section no longer applies and the lessee has only the rights provided in the lease.   [PL 2003, c. 510, Pt. A, §12 (RPR).]
For purposes of this subsection, "cause" means violation by a lessee of a term of a lease.
[PL 2003, c. 510, Pt. A, §12 (RPR).]
SECTION HISTORY
PL 2001, c. 612, §1 (NEW). PL 2001, c. 653, §1 (NEW). PL 2003, c. 510, §A12 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710-D: BUILDINGS ON LEASED LOTS › 14 §6050. Right of first refusal

§6050. Right of first refusal
A lessee of premises on which a structure owned by the lessee exists has the right of first refusal with regard to the leased premises if the lessor intends to sell or to offer to sell the leased premises as a separate parcel. Each lease subject to this chapter must make provision for a method of determining the sale price of the leased premises upon exercise of the right provided in this section. The lessor must give the lessee at least 90 days to accept the offer to purchase the lot.   [PL 2003, c. 510, Pt. A, §12 (NEW).]
SECTION HISTORY
PL 2003, c. 510, §A12 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 711: EQUITY PROCEEDINGS › 14 §6052. Partners and part owners

§6052. Partners and part owners
The court has jurisdiction of cases mentioned in section 6051, subsection 7, notwithstanding persons interested not within the jurisdiction of the court are not made parties; but, in such cases, no decree affects the right of any person not a party to the action, unless he voluntarily becomes a party before final decree, except as otherwise provided. In all such cases the court has jurisdiction, if the case requires it, over all property of the partnership or cotenancy within the State, and the other partners or cotenants, out of the jurisdiction, may protect their interests by coming in at any time as parties to the action; but, if there is no such property within the State, the jurisdiction of the court is limited to the adjustment of accounts and compelling contribution between the parties over whom the court has jurisdiction.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 711: EQUITY PROCEEDINGS › 14 §6053. Property of debtor out of State or of uncertain value

§6053. Property of debtor out of State or of uncertain value
The court has jurisdiction of cases mentioned in section 6051, subsection 11, notwithstanding the fact that the property sought to be reached and applied is in the hands, possession or control of the debtor independently of any other person, or that it is not within the State, or that it is of uncertain value, provided the value can be ascertained by a sale or appraisal, or by any means within the ordinary procedure of the court, or that it cannot be reached and applied until a future time.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 711: EQUITY PROCEEDINGS › 14 §6054. Interest of copartner applied in payment of plaintiff's debt (REPEALED)

§6054. Interest of copartner applied in payment of plaintiff's debt
(REPEALED)
SECTION HISTORY
PL 1973, c. 377, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 712: CIVIL LIABILITY FOR BAD CHECKS › 14 §6071. Civil penalties for bad checks

§6071. Civil penalties for bad checks
1.  Recovery of costs.
In any action against a person liable for a dishonored check, the holder may recover the amount of the check, the court costs and the processing charges incurred by the holder, plus interest at the rate of 12% per annum from the date of dishonor if:
A. The holder gives notice pursuant to section 6073 for payment of the check; and   [PL 1995, c. 288, §1 (AMD).]
B. The person liable fails to tender the amount of the check, plus bank fees and mailing costs, within 10 days of receiving the notice set forth in section 6073.   [PL 1995, c. 288, §1 (AMD).]
[PL 1995, c. 288, §1 (AMD).]
2.  Attorney's fees.
If the person liable does not pay the amount of the check, plus costs and interest, before the hearing, then the court may award reasonable attorney's fees to the prevailing party. In addition, the court may award to the holder of the check a civil penalty, not to exceed $150, to be paid by the person liable for the check.
[PL 2009, c. 495, §1 (AMD).]
3.  Written agreement.
Nothing in this chapter supersedes the terms of a written agreement between the parties.
[PL 1995, c. 288, §1 (AMD).]
4.  Check defined.
As used in this chapter, "check" means a check, draft or order for the payment of money.
[PL 1995, c. 288, §1 (NEW).]
5.  Second dishonored check.
A person who intentionally issues or negotiates a 2nd check that is dishonored to the same payee within one year of issuing or negotiating the first dishonored check knowing that the check will not be honored by the maker or drawee is liable to the payee not only for the face amount of the check, the costs and attorney's fees pursuant to subsections 1 and 2, but also for additional liquidated damages if the check is dishonored and the drawer fails to pay the face amount of the check within 30 days of a written demand for payment by the payee.
A. If a check is not honored by the drawee bank because the drawer has no account with the bank, the additional liquidated damages are in an amount twice the face amount of the check or $750, whichever is less.   [PL 2005, c. 365, §1 (NEW).]
B. If a check is not honored by the drawee bank because the drawer has insufficient funds on deposit with the bank, the additional liquidated damages are in an amount twice the face amount of the check or $400, whichever is less.   [PL 2005, c. 365, §1 (NEW).]
For the purposes of this subsection, a check may be considered the 2nd dishonored check to the same payee if the first check to the same payee was not paid within 45 days of the issuance or negotiation of the first check.
[PL 2005, c. 365, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 357 (NEW). PL 1989, c. 502, §D8 (AMD). PL 1995, c. 288, §1 (AMD). PL 2005, c. 365, §1 (AMD). PL 2009, c. 495, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 712: CIVIL LIABILITY FOR BAD CHECKS › 14 §6072. Satisfaction of claim (REPEALED)

§6072. Satisfaction of claim
(REPEALED)
SECTION HISTORY
PL 1989, c. 357 (NEW). PL 1995, c. 288, §2 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 712: CIVIL LIABILITY FOR BAD CHECKS › 14 §6073. Notice for nonpayment

§6073. Notice for nonpayment
The notice must be in substantially the following form.   [PL 1995, c. 288, §3 (AMD).]
"Your check, draft or order made payable to .................. in the amount of ............. has not been accepted for payment by ......................, which is the drawee bank designated on your check. The check is dated ..................... and it is numbered ................   [PL 1995, c. 288, §3 (AMD).]
You are CAUTIONED that unless you pay the amount of this check within 10 days after the date this letter is postmarked, you may have to pay the following additional costs:   [PL 1989, c. 357 (NEW).]
1.
Attorney's fees;
[PL 1995, c. 288, §3 (AMD).]
2.
Service costs;
[PL 1995, c. 288, §3 (AMD).]
3.
Processing charges;
[PL 1995, c. 288, §3 (AMD).]
4.
Interest; and
[PL 1995, c. 288, §3 (AMD).]
5.
A penalty not to exceed $150.
[PL 2009, c. 495, §2 (AMD).]
You are advised to make payment to ....................... at the following address .................................... ."   [PL 1989, c. 357 (NEW).]
SECTION HISTORY
PL 1989, c. 357 (NEW). PL 1995, c. 288, §3 (AMD). PL 2009, c. 495, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6101. Attorney's fees

§6101. Attorney's fees
For the foreclosure of a mortgage by any method authorized by this chapter, if the mortgagee prevails, the mortgagee or the person claiming under the mortgagee may charge a reasonable attorney's fee which is a lien on the mortgaged estate, and must be included with the expense of publication, service and recording in making up the sum to be tendered by the mortgagor or the person claiming under the mortgagor in order to be entitled to redeem, provided the sum has actually been paid in full or partial discharge of an attorney's fee. If the mortgagee does not prevail, or upon evidence that the action was not brought in good faith, the court may order the mortgagee to pay the mortgagor's reasonable court costs and attorney's fees incurred in defending against the foreclosure or any proceeding within the foreclosure action and deny in full or in part the award of attorney's fees and costs to the mortgagee. For purposes of this section, "does not prevail" does not mean a stipulation of dismissal entered into by the parties, an agreed-upon motion to dismiss without prejudice to facilitate settlement or successful mediation of the foreclosure action pursuant to section 6321‑A.   [PL 2011, c. 269, §1 (AMD).]
SECTION HISTORY
PL 1967, c. 424, §1 (AMD). PL 1981, c. 429, §1 (AMD). PL 2011, c. 269, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6102. Mortgage as asset of decedent's estate

§6102. Mortgage as asset of decedent's estate
Lands mortgaged to secure the payment of debts or the performance of any collateral engagement, and the debts so secured are, on the death of the mortgagee or person claiming under him, assets in the hands of his executors or administrators. They shall have the control of them as of a personal pledge. When they recover seizin and possession thereof, it shall be for the use of the widow and heirs, or devisees or creditors of the deceased, as the case may be. When redeemed, they may receive the money, and give effectual discharges therefor, and releases of the mortgaged premises.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6103. Judicial determination of breach of condition

§6103. Judicial determination of breach of condition
In all cases where a debtor has mortgaged real and personal estate to secure the performance of a collateral agreement or undertaking, other than the payment of money, and proceedings have been commenced to foreclose said mortgage for alleged breach of the conditions thereof, but the time of redemption has not expired, any person having any claim against the mortgagor and having attached said mortgagor's interest in said estate on said claim may file a complaint in the Superior Court in the county where such agreement has to be performed, where the owner of such mortgage resides or where the property mortgaged is situated, alleging such facts and praying for relief. Said court may examine into the facts and ascertain whether there has been a breach of the conditions of said mortgage, and if such is found to be the fact, may assess the damages arising therefrom, and may make such orders and decrees in the premises as will secure the rights of said mortgagee or his assignee, so far as the same can be reasonably accomplished, and enable the creditor, by fulfilling such requirements as the court may impose, to hold said property, or such right or interest as may remain therein by virtue of such attachment, for the satisfaction of his claim. Such claim may include possession of the property by the mortgagee for such time as the court deems just and equitable. Pending such proceedings, the right of redemption shall not expire by any attempted foreclosure of such mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6104. Limitation of action on undischarged mortgage

§6104. Limitation of action on undischarged mortgage
When the record title of real estate is encumbered by an undischarged mortgage, and the mortgagor and those having his estate in the premises have been in uninterrupted possession of such real estate for 20 years after the expiration of the time limited in the mortgage for the full performance of the conditions thereof, he or they, or any person having a freehold estate, vested or contingent in possession, reversion or remainder, in the land originally subject to the mortgage or in any undivided or any aliquot part thereof, or any interest therein which may eventually become a freehold estate, or any person who has conveyed such land or any such interest therein with covenants of title or warranty, may apply to the Superior Court in the county where the whole or any part of the mortgaged premises is situated, by complaint setting forth the facts and asking for a decree as hereinafter provided. If after notice to all persons interested as provided in section 6107, no evidence is offered of any payment within said 20 years or of any other act within said time, in recognition of its existence as a valid mortgage, the Superior Court upon hearing may enter a decree setting forth such facts and its findings in relation thereto, which decree shall within 30 days be recorded in the registry of deeds where the mortgage is recorded. Thereafter no action shall be brought by any person to enforce a title under said mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6105. Owners in severalty may join in complaint

§6105. Owners in severalty may join in complaint
Any 2 or more persons owning in severalty different portions or different interests of the character above described, in the whole or in different portions thereof, may join in one complaint. Two or more defects arising under different mortgages affecting one parcel of land may be set forth in the same complaint. In case of a contest the court shall make such order for separate issues as may be proper.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6106. Limitation on undischarged mortgage to secure contingent liability

§6106. Limitation on undischarged mortgage to secure contingent liability
When the mortgagor of such an undischarged mortgage and those having his estate in the premises have been in uninterrupted possession of such real estate for 20 years from the date thereof, and it shall appear that such mortgage was not given to secure the payment of a sum of money or a debt, but to secure the mortgagee against some contingent liability assumed or undertaken by him, and that such conditional liability has ceased to exist and that the interests of no person will be prejudiced by the discharge of such mortgage, the mortgagor or those having his estate in the premises, or any of the persons to whom a similar remedy is granted in section 6104, may apply to the Superior Court in the county where the whole or any part of the mortgaged premises is situated, by complaint setting forth the facts and asking for a decree as hereinafter provided. If after notice to all persons interested as provided in section 6107, and upon hearing it shall appear that the liability on account of which such mortgage was given has ceased to exist and that such mortgage ought to be discharged, the Superior Court may enter a decree setting forth the facts proved and its findings in relation thereto, which decree shall within 30 days be recorded in the registry of deeds where the mortgage is recorded. Thereafter no action shall be brought to enforce a title under said mortgage.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6107. Description of unknown mortgagees; service of complaint

§6107. Description of unknown mortgagees; service of complaint
When it is alleged under oath in the complaint that the mortgagees or persons claiming under them are unknown or that their names are unknown, they may be described generally as claiming by, through or under some person or persons named in the complaint. Service shall be made as in other actions on all known defendants residing either in the State or outside the State, and notice by publication to defendants whose identity or whereabouts are unknown shall be given as in other actions where publication is required.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6108. Court has jurisdiction over all defendants

§6108. Court has jurisdiction over all defendants
Upon the service of such notice in accordance with the order of the court, the court shall have jurisdiction of all persons made defendants in the manner provided, and shall upon due hearing make such decree upon the complaint and as to costs as it shall deem proper.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6109. Decree bars claims

§6109. Decree bars claims
The decree of the court determining the validity, nature or extent of any such encumbrance shall operate directly on the land as a proceeding in rem, and shall be effectual to bar all the defendants from any claim thereunder contrary to such determination, and such decree so barring said defendants shall have the same force and effect as a release of such claims executed by the defendants in due form of law. The court may, in its discretion, appoint agents or guardians ad litem to represent minors or other defendants.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 713: MISCELLANEOUS PROVISIONS RELATING TO FORECLOSURE OF REAL PROPERTY MORTGAGES › Subchapter 1: GENERAL PROVISIONS › 14 §6110. Tender to guardian of mortgagee; discharge

§6110. Tender to guardian of mortgagee; discharge
When the mortgagee or person holding under him is under guardianship, a tender may be made to the guardian and he shall receive the sum due on the mortgage; and upon receiving it, or on performance of such other condition as the case requires, he shall execute a discharge of the mortgage.