reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5935. Change of award by arbitrators

§5935. Change of award by arbitrators
On application of a party or, if an application to the court is pending under sections 5937 to 5939, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in section 5939, subsection 1, paragraphs A and C or for the purpose of clarifying the award. The application shall be made within 20 days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within 10 days from the notice. The award so modified or corrected is subject to sections 5937 to 5939.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5936. Fees and expenses of arbitration

§5936. Fees and expenses of arbitration
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5937. Confirmation of an award

§5937. Confirmation of an award
Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 5938 and 5939.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5938. Vacating an award

§5938. Vacating an award
1.  Vacating award.
Upon application of a party, the court shall vacate an award where:
A. The award was procured by corruption, fraud or other undue means;   [PL 1967, c. 430 (NEW).]
B. There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;   [PL 1967, c. 430 (NEW).]
C. The arbitrators exceeded their powers;   [PL 1967, c. 430 (NEW).]
D. The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 5931, as to prejudice substantially the rights of a party;   [PL 1967, c. 430 (NEW).]
E. There was no arbitration agreement and the issue was not adversely determined in proceedings under section 5928 and the party did not participate in the arbitration hearing without raising the objection; or   [PL 1967, c. 430 (NEW).]
F. The award was not made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court has ordered, and the party has not waived the objection.   [PL 1967, c. 430 (NEW).]
But the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
[PL 1967, c. 430 (NEW).]
2.  Application.
An application under this section shall be made within 90 days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within 90 days after such grounds are known or should have been known.
[PL 1967, c. 430 (NEW).]
3.  Rehearing.
In vacating the award on grounds other than stated in paragraph E of subsection 1 the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 5929, or, if the award is vacated on grounds set forth in paragraphs C and D of subsection 1 the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 5929. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
[PL 1967, c. 430 (NEW).]
4.  Confirmation of award.
If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5939. Modification or correction of award

§5939. Modification or correction of award
1.  Application.
Upon application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
A. There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;   [PL 1967, c. 430 (NEW).]
B. The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or   [PL 1967, c. 430 (NEW).]
C. The award is imperfect in a matter of form, not affecting the merits of the controversy.   [PL 1967, c. 430 (NEW).]
[PL 1967, c. 430 (NEW).]
2.  Modification or correction of award.
If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
[PL 1967, c. 430 (NEW).]
3.  Joinder of application.
An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5940. Judgment or decree on award

§5940. Judgment or decree on award
Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto and disbursements may be awarded by the court.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5941. Judgment roll, docketing

§5941. Judgment roll, docketing
1.  Entry of judgment.
On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
A. The agreement and each written extension of the time within which to make the award;   [PL 1967, c. 430 (NEW).]
B. The award;   [PL 1967, c. 430 (NEW).]
C. A copy of the order confirming, modifying or correcting the award; and   [PL 1967, c. 430 (NEW).]
D. A copy of the judgment or decree.   [PL 1967, c. 430 (NEW).]
[PL 1967, c. 430 (NEW).]
2.  Docketed as if in action.
The judgment or decree may be docketed as if rendered in an action.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5942. Applications to court

§5942. Applications to court
Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5943. Court, jurisdiction

§5943. Court, jurisdiction
The term "court" means the Superior Court or the District Court of this State. The making of an agreement described in section 5927 providing for arbitration in this State confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award under the agreement.   [PL 2011, c. 80, §5 (AMD).]
SECTION HISTORY
PL 1967, c. 430 (NEW). PL 2011, c. 80, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5944. Venue

§5944. Venue
If the action is to be heard in the Superior Court, an initial application must be made to the Superior Court of the county in which the agreement provides the arbitration hearing must be held or, if the hearing has been held, in the county in which it was held. Otherwise the application must be made in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this State, to the court of any county. All subsequent applications must be made to the court hearing the initial application unless the court otherwise directs.   [PL 2011, c. 80, §6 (AMD).]
If the action is to be heard in the District Court, an initial application must be made to the division of the District Court in which the agreement provides the arbitration hearing must be held or, if the hearing has been held, in the division in which it was held. Otherwise the application must be made in the division where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this State, to any District Court. All subsequent applications must be made to the court hearing the initial application unless the court otherwise directs.   [PL 2011, c. 80, §6 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW). PL 2011, c. 80, §6 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5945. Appeals

§5945. Appeals
1.  Grounds for appeal.
An appeal may be taken from:
A. An order denying an application to compel arbitration made under section 5928;   [PL 1967, c. 430 (NEW).]
B. An order granting an application to stay arbitration made under section 5928, subsection 2;   [PL 1967, c. 430 (NEW).]
C. An order confirming or denying confirmation of an award;   [PL 1967, c. 430 (NEW).]
D. An order modifying or correcting an award;   [PL 1967, c. 430 (NEW).]
E. An order vacating an award without directing a rehearing; or   [PL 1967, c. 430 (NEW).]
F. A judgment or decree entered pursuant to the provisions of this chapter.   [PL 1967, c. 430 (NEW).]
[PL 1967, c. 430 (NEW).]
2.  Procedure.
The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.
[PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5946. Act not retroactive

§5946. Act not retroactive
This chapter applies only to agreements made subsequent to October 7, 1967.   [PL 1973, c. 625, §83 (AMD).]
SECTION HISTORY
PL 1967, c. 430 (NEW). PL 1973, c. 625, §83 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5947. Uniformity of interpretation

§5947. Uniformity of interpretation
This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5948. Intent

§5948. Intent
Nothing in this chapter shall be deemed to repeal or amend Title 26, chapter 9‑A, entitled "Municipal Public Employees Labor Relations Law." This chapter shall not apply to any provision contained in a policy of automobile liability insurance for arbitration of a claim under the uninsured motorist coverage.   [PL 1971, c. 544, §46 (AMD).]
SECTION HISTORY
PL 1967, c. 430 (NEW). PL 1969, c. 287, §1 (RPR). PL 1971, c. 544, §46 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 706: UNIFORM ARBITRATION ACT › 14 §5949. Short title

§5949. Short title
This chapter may be cited as the "Uniform Arbitration Act."   [PL 1967, c. 430 (NEW).]
SECTION HISTORY
PL 1967, c. 430 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5951. Uniformity of interpretation; title

§5951. Uniformity of interpretation; title
This chapter shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees; and may be cited as the "Uniform Declaratory Judgments Act."
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5952. Definitions

§5952. Definitions
The word "person," wherever used in this chapter, shall be construed to mean any person, partnership, joint stock company, unincorporated association or society, or municipal or other corporation of any character whatsoever.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5953. Scope

§5953. Scope
Courts of record within their respective jurisdictions shall have power to declare rights, status and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect. Such declarations shall have the force and effect of a final judgment or decree.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5954. Construction and validity of statutes

§5954. Construction and validity of statutes
Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5956. Rights of executor, fiduciaries and other interested persons

§5956. Rights of executor, fiduciaries and other interested persons
Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin or cestui que trust in the administration of a trust, or of the estate of a decedent, an infant, a person who is legally incompetent or a person who is insolvent may have a declaration of rights or legal relations in respect thereto:   [PL 2009, c. 299, Pt. A, §2 (AMD).]
1.  Ascertain class of creditors, heirs, etc.
To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or
2.  Direct fiduciary to do or not to do certain act.
To direct the executors, administrators or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
3.  Determine questions.
To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
SECTION HISTORY
PL 2009, c. 299, Pt. A, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5957. Extent of relief

§5957. Extent of relief
The enumeration in sections 5954 to 5956 does not limit or restrict the exercise of the general powers conferred in section 5953 in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5958. Discretion of court

§5958. Discretion of court
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5960. Supplemental relief

§5960. Supplemental relief
Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5961. Jury trial

§5961. Jury trial
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 707: DECLARATORY JUDGMENTS ACT › 14 §5963. Parties

§5963. Parties
When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the Attorney General shall be served with a copy of the proceeding and be entitled to be heard.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6000. Definitions

§6000. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2015, c. 293, §1 (NEW).]
1.  Domestic violence.
"Domestic violence" means conduct described in Title 17‑A, chapters 9, 11, 12 and 13; Title 17‑A, sections 432, 433, 506, 506‑A, 506‑B, 758, 805, 806, 852 and 853; and Title 19‑A, section 4102, subsection 1, when the victim of that conduct or threat is a family or household member, as defined in Title 19‑A, section 4102, subsection 6, paragraphs A to E or dating partner, as defined in Title 19‑A, section 4102, subsection 4.
[PL 2021, c. 647, Pt. B, §5 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Sexual assault.
"Sexual assault" means any conduct described under Title 17‑A, chapters 11, 12 and 35 and Title 17‑A, sections 852 and 853.
[PL 2015, c. 293, §1 (NEW).]
2-A.  Sexual harassment.
"Sexual harassment" means verbal or physical conduct of a sexual nature directed at a specific person, including, but not limited to, unwelcome sexual advances; sexually suggestive remarks or actions; unwanted hugs, touches or kisses; and requests for sexual favors. "Sexual harassment" includes retaliation for communicating about or filing a complaint of sexual harassment.
[RR 2019, c. 1, Pt. A, §13 (COR).]
3.  Stalking.
"Stalking" means any conduct described in Title 17‑A, section 210‑A.
[PL 2015, c. 293, §1 (NEW).]
4.  Victim.
"Victim" means an individual who has been subject to domestic violence, sexual assault or stalking.
[PL 2015, c. 293, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 293, §1 (NEW). PL 2019, c. 351, §1 (AMD). RR 2019, c. 1, Pt. A, §13 (COR). PL 2021, c. 647, Pt. B, §5 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6003. Jurisdiction

§6003. Jurisdiction
The District Court shall have jurisdiction of cases of forcible entry and detainer.
The court shall schedule and hold the hearing as soon as practicable, but no later than 10 days after the return day except that the court may grant a continuance for good cause shown. Any defendant requesting a recorded hearing shall file a written answer enumerating all known defenses on or before the return day.   [PL 1997, c. 151, §1 (AMD).]
SECTION HISTORY
PL 1981, c. 428, §5 (AMD). PL 1989, c. 452, §1 (AMD). PL 1997, c. 151, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6004-A. Mediation

§6004-A. Mediation
The court may, in any residential tenancy under this subchapter, at any time refer the parties to mediation on any issue.   [PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
1.  Mediated agreement.
An agreement reached by the parties through mediation must be reduced to writing, signed by the parties and presented to the court for approval as a court order.
[PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
2.  No agreement; good faith effort required.
When agreement through mediation is not reached on an issue, the court shall determine that the parties made a good faith effort to mediate the issue before proceeding with a hearing. If the court finds that either party failed to make a good faith effort to mediate, the court may order the parties to submit to mediation, may dismiss the action or a part of the action, may render a decision or judgment by default, may assess attorney's fees and costs or may impose any other sanction that is appropriate in the circumstances.
[PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
3.  Mediation not ordered; consent.
The court may not order mediation in cases in which no mediator is available or mediation would delay any hearing in the matter, unless the parties consent to a delay in the proceedings to allow mediation to take place.
[PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
4.  Mediators provided.
The Court Alternative Dispute Resolution Service, established in Title 4, section 18‑B, shall provide mediators for mediations under this section.
[PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
5.  Rules; fees.
The Supreme Judicial Court may adopt rules of procedure for actions under this chapter.
[PL 2007, c. 246, §2 (NEW); PL 2007, c. 246, §6 (AFF).]
SECTION HISTORY
PL 2007, c. 246, §2 (NEW). PL 2007, c. 246, §6 (AFF).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6005. Writ of possession; service

§6005. Writ of possession; service
When the defendant is defaulted or fails to show sufficient cause, judgment must be rendered against the defendant by the District Court for possession of the premises. Seven calendar days after the judgment is entered, the court shall issue the writ of possession to remove the defendant. The writ may be served by a sheriff or a constable. If at least 3 good faith efforts on 3 different days have been made to serve the defendant, service may be accomplished by both mailing the notice by first-class mail to the defendant's last known address and leaving the writ of possession at the defendant's last and usual place of abode. A writ of possession may not issue in any case in which the ground for termination of the tenancy at will was rent arrearage and the defendant paid the amount necessary to reinstate the tenancy as provided by section 6002.   [PL 1999, c. 248, §3 (AMD).]
An additional writ of possession may be issued by the clerk at the request of the plaintiff after issuance of the first writ.   [PL 1989, c. 452, §2 (NEW).]
When a writ of possession has been served on the defendant by a constable or sheriff, and the defendant fails to remove himself or his possessions within 48 hours of service by the constable or sheriff, the defendant is deemed a trespasser without right and the defendant's goods and property are considered by law to be abandoned and subject to section 6013.   [PL 1981, c. 428, §6 (NEW).]
SECTION HISTORY
PL 1979, c. 327, §1 (AMD). PL 1981, c. 428, §6 (AMD). PL 1989, c. 452, §2 (AMD). PL 1995, c. 208, §2 (AMD). PL 1997, c. 151, §2 (AMD). PL 1997, c. 336, §1 (AMD). PL 1997, c. 683, §A6 (AMD). PL 1999, c. 248, §3 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6006. Claim of title (REPEALED)

§6006. Claim of title
(REPEALED)
SECTION HISTORY
PL 1995, c. 448, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6007. Allegation that defendant's claim is frivolous (REPEALED)

§6007. Allegation that defendant's claim is frivolous
(REPEALED)
SECTION HISTORY
PL 1995, c. 448, §1 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6009. Judgment for plaintiff; possession on recognizance; damages (REPEALED)

§6009. Judgment for plaintiff; possession on recognizance; damages
(REPEALED)
SECTION HISTORY
PL 1979, c. 172, §2 (RPR). PL 1995, c. 448, §3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6011. House of ill fame; lease void at landlord's option

§6011. House of ill fame; lease void at landlord's option
When the tenant of a dwelling house is convicted of keeping it as a house of ill fame, the lease or contract by which he occupies it may, at the option of the landlord, be deemed void and the landlord shall have the same remedy to recover possession as against a tenant holding over after his term expires.
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6012. Personal property (REPEALED)

§6012. Personal property
(REPEALED)
SECTION HISTORY
PL 1973, c. 428 (NEW). PL 1979, c. 231 (AMD). PL 1995, c. 448, §4 (RPR). PL 2001, c. 133, §§1,2 (AMD). PL 2009, c. 245, §5 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6014. Remedies for illegal evictions

§6014. Remedies for illegal evictions
1.  Illegal evictions.
Except as permitted by Title 15, chapter 517 or Title 17, chapter 91, evictions that are effected without resort to the provisions of this chapter are illegal and against public policy. Illegal evictions include, but are not limited to, the following.
A. No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant including, but not limited to, water, heat, light, electricity, gas, telephone, sewerage, elevator or refrigeration, whether or not the utility service is under the control of the landlord, except for such temporary interruption as may be necessary while actual repairs are in process or during temporary emergencies.   [PL 1981, c. 428, §8 (NEW).]
B. No landlord may willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of the tenant's rented or leased premises, other than through proper judicial process.   [PL 1981, c. 428, §8 (NEW).]
C. No landlord may willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of the tenant's property, other than by proper judicial process.   [PL 1981, c. 428, §8 (NEW).]
[PL 1995, c. 66, §1 (AMD).]
2.  Remedies.
Upon a finding that an illegal eviction has occurred, the court shall find one or both of the following.
A. The tenant is entitled to recover actual damages or $250, whichever is greater.   [PL 1991, c. 666 (AMD).]
B. The tenant is entitled to recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the tenant's behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorneys' fees.   [PL 1991, c. 666 (AMD).]
[PL 1991, c. 666 (AMD).]
3.  Good faith.
A court may award attorneys' fees to the defendant if, upon motion and hearing, it is determined that an action filed pursuant to this section was not brought in good faith and was frivolous or intended for harassment only.
[PL 1981, c. 428, §8 (NEW).]
4.  Nonexclusivity.
The remedies provided in this section are in addition to any other rights and remedies conferred by law.
[PL 1981, c. 428, §8 (NEW).]
SECTION HISTORY
PL 1981, c. 428, §8 (NEW). PL 1991, c. 666 (AMD). PL 1995, c. 66, §1 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6015. Notice of rent increase

§6015. Notice of rent increase
1.  Increase of rent generally.
Except as provided in subsection 2, rent charged for residential estates may be increased by the landlord only after providing at least 45 days' written notice to the tenant. A written or oral waiver of this requirement is against public policy and is void. Any person in violation of this section is liable for the return of any sums unlawfully obtained from the tenant, with interest, and reasonable attorney's fees and costs.
[PL 2023, c. 388, §1 (NEW).]
2.  Increase of 10% or more.
If rent charged for a residential estate is increased by the landlord by 10% or more, the landlord must provide at least 75 days' written notice to the tenant. If the landlord increases rent more than once in a 12-month period, and the increases add up to a total increase of 10% or more, the landlord must provide at least 75 days' written notice prior to any increase that brings the total increase in rent to 10% or more. A written or oral waiver of this requirement is against public policy and is void. Any person in violation of this subsection is liable for the return, with interest, of any sums unlawfully obtained from the tenant and reasonable attorney's fees and costs.
This subsection does not apply to rental housing that is subject to:
A. Requirements established by a document or deed recorded by a register of deeds that are designed to keep the housing affordable for tenants with specific income levels;   [PL 2023, c. 388, §1 (NEW).]
B. Restrictions as a condition of the landlord's receipt of subsidies from or participation in a municipal, state or federal housing program; or   [PL 2023, c. 388, §1 (NEW).]
C. Restrictions as a condition of the tenant's receipt of subsidies from or participation in a municipal, state or federal housing program.   [PL 2023, c. 388, §1 (NEW).]
[PL 2023, c. 388, §1 (NEW).]
SECTION HISTORY
PL 1981, c. 428, §8 (NEW). PL 1985, c. 293, §4 (AMD). PL 2003, c. 259, §1 (AMD). PL 2023, c. 388, §1 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6016. Rent increase limitation

§6016. Rent increase limitation
Rent charged for residential estates may not be increased if the dwelling unit is in violation of the warranty of habitability. Any violation caused by the tenant, his family, guests or invitees shall not bar a rent increase. A written or oral waiver of this requirement is against public policy and is void. Any person in violation of this section shall be liable for the return of any sums unlawfully obtained from the lessee, with interest and reasonable attorneys' fees and costs.   [PL 1985, c. 293, §5 (AMD).]
SECTION HISTORY
PL 1981, c. 428, §8 (NEW). PL 1985, c. 293, §5 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 709: ENTRY AND DETAINER › Subchapter 1: RESIDENTIAL LANDLORDS AND TENANTS › 14 §6016-A. Sexual harassment prohibited; Maine Human Rights Act

§6016-A. Sexual harassment prohibited; Maine Human Rights Act
A landlord or a landlord's agent may not subject a tenant to sexual harassment.   [PL 2019, c. 351, §4 (NEW).]
Nothing in this subchapter limits the application of the Maine Human Rights Act.   [PL 2019, c. 351, §4 (NEW).]
SECTION HISTORY
PL 2019, c. 351, §4 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6022. Receipts for rent payments and security deposits

§6022. Receipts for rent payments and security deposits
1.  Rent receipts required.
A landlord or his agent shall provide a written receipt, as required in subsection 2, for each rental payment and each security deposit payment received partially or fully in cash from any tenant. This receipt shall be delivered to the tenant at the time the cash payment is accepted. If either the rent or security deposit is accepted in more than one installment instead of a single payment, a separate receipt shall be provided for each payment. If the payment for rent and security deposit is received at the same time, a separate receipt, properly identified in accordance with subsection 2, shall be issued each for the rental payment and for the security deposit.
[PL 1979, c. 180 (NEW).]
2.  Minimum information.
The information contained in each receipt shall include, but is not limited to, the following: The date of the payment; the amount paid; the name of the party for whom the payment is made; the period for which the payment is being made; a statement that the payment is either for rent or for security deposit; the signature of the person receiving the payment; and the name of that person printed in a legible manner. A rent card retained by the tenant and containing the aforementioned information shall satisfy the requirements of this section.
[PL 1979, c. 180 (NEW).]
3.  Exemption.
This section 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 1979, c. 180 (NEW).]
SECTION HISTORY
PL 1979, c. 180 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6023. Agency

§6023. Agency
Any person authorized to enter into a residential lease or tenancy at will agreement on behalf of the owner or owners of the premises is deemed to be the owner's agent for purposes of service of process and receiving and receipting for notices and demands.   [PL 2009, c. 566, §9 (AMD).]
SECTION HISTORY
PL 1979, c. 180 (NEW). PL 2009, c. 566, §9 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6024. Heat and utilities in common areas

§6024. Heat and utilities in common areas
A landlord may not enter into a lease or tenancy at will agreement for a dwelling unit in a multi-unit residential building where the expense of furnishing 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 will agreement have agreed in writing that the tenant will pay for such costs in return for a stated reduction in rent or other specified fair consideration that approximates the actual cost of providing heat or utilities to the common areas. "Common areas" includes, but is not limited to, hallways, stairwells, basements, attics, storage areas, fuel furnaces or water heaters used in common with other tenants. Except as provided in this section, a written or oral waiver of this requirement is against public policy and is void. Any person in violation of this section is liable to the tenant for actual damages or $250, whichever is greater, and reasonable attorneys' fees and costs. In any action brought pursuant to this section, there is a rebuttable presumption that the landlord is aware that the tenant has been furnishing heat or utility service to common areas or other units. If the landlord rebuts this presumption, the landlord is required to comply with this section but is only liable to the tenant for actual damages suffered by the tenant.   [PL 2009, c. 566, §10 (AMD).]
SECTION HISTORY
PL 1981, c. 176 (NEW). PL 1981, c. 400 (NEW). PL 1983, c. 480, §A10 (RAL). PL 1985, c. 638, §5 (AMD). PL 2009, c. 566, §10 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6024-A. Landlord failure to pay for utility service

§6024-A. Landlord failure 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.
[PL 2009, c. 566, §11 (NEW).]
2.  Award damages.
In addition to the remedy set forth in subsection 1, upon a finding by a court that a 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.
[PL 2009, c. 566, §11 (NEW).]
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.
[PL 2009, c. 566, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 87, §1 (NEW). PL 2009, c. 566, §11 (RPR).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6025. Access to premises

§6025. Access to premises
1.  Tenant obligations.
A tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors.
A tenant may not change the lock to the dwelling unit without giving notice to the landlord and giving the landlord a duplicate key within 48 hours of the change. A victim may change the locks to the unit at the victim's expense. If the victim changes the locks to the unit, the victim shall provide the landlord with a duplicate key within 72 hours of changing the locks. For the purposes of this subsection, "victim" has the same meaning as in section 6000, subsection 4.
[PL 2015, c. 293, §11 (AMD).]
2.  Landlord obligations.
Except in the case of emergency or if it is impracticable to do so, the landlord shall give the tenant reasonable notice of the landlord's intent to enter and shall enter only at reasonable times. Twenty-four hours is presumed to be a reasonable notice in the absence of evidence to the contrary. An emergency when the welfare of an animal is at risk as described in section 6025‑A is grounds for permitting entry without 24 hours' notice.
[PL 2023, c. 336, §2 (AMD).]
3.  Remedy.
If a landlord makes an entry in violation of this section, makes a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful that have the effect of harassing the tenant, the tenant may recover actual damages or $100, whichever is greater, and obtain injunctive relief to prevent recurrence of the conduct, and if the tenant obtains a judgment after a contested hearing, reasonable attorney's fees.
If a tenant changes the lock and does not provide the landlord with a duplicate key, in the case of emergency the landlord may gain admission through whatever reasonable means necessary and charge the tenant reasonable costs for any resulting damage. If a tenant changes the lock and refuses to provide the landlord with a duplicate key, the landlord may terminate the tenancy with a 7-day notice.
[PL 1999, c. 204, §1 (AMD).]
4.  Waiver.
Any agreement by a tenant to waive any of the rights or benefits provided by this section is against public policy and is void.
[PL 1981, c. 428, §10 (NEW).]
SECTION HISTORY
PL 1981, c. 428, §10 (NEW). PL 1999, c. 204, §1 (AMD). PL 2015, c. 293, §11 (AMD). PL 2023, c. 336, §2 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6025-A. Access to care for animals

§6025-A. Access to care for animals
A landlord may require a tenant to provide information about any animal present in a rental unit and also require the name and contact information of one or more persons the tenant authorizes to enter the rental unit to retrieve the animal if the tenant has vacated the premises and abandoned the animal or the tenant is unable to care for the animal due to death or disability. The landlord may also require, as a condition of tenancy, that the tenant allow the landlord to enter the rental unit in the case of an emergency when the welfare of the animal is at risk to determine whether the animal has been abandoned or is in need of care.   [PL 2023, c. 336, §3 (NEW).]
If the landlord determines that a tenant with an animal has vacated the premises or is unable to care for the animal due to death or disability, the landlord may contact a person authorized by the tenant, a humane agent, an animal control officer or an animal shelter to pick up and care for the animal. If the landlord contacts a person identified under this paragraph to pick up and care for the animal and the landlord, within 5 days, sends by first-class mail to the tenant's last known address a notice containing the name, phone number and address of the person taking custody of the animal, the landlord is not liable in a civil action brought by the tenant for personal injury, death, property damage or other damages resulting from or arising out of an occurrence involving the animal.   [PL 2023, c. 336, §3 (NEW).]
If an animal shelter accepts an animal at the request of a person the landlord contacted to pick up and care for the animal under this section, the animal shelter shall comply with the provisions of Title 7, section 3919‑B.   [PL 2023, c. 336, §3 (NEW).]
SECTION HISTORY
PL 2023, c. 336, §3 (NEW).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6027. Discrimination against families with children prohibited (REPEALED)

§6027. Discrimination against families with children prohibited
(REPEALED)
SECTION HISTORY
PL 1983, c. 480, §A10 (RAL). PL 1987, c. 770, §§1-3 (AMD). PL 1989, c. 245, §6 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6028. Penalties for late payment of rent

§6028. Penalties for late payment of rent
A landlord may assess a penalty against a residential tenant for late payment of rent for a residential dwelling unit according to this section.   [PL 1987, c. 605 (AMD).]
1.  Late payment.
A payment of rent is late if it is not made within 15 days from the time the payment is due.
[PL 1987, c. 215 (NEW).]
2.  Maximum penalty.
A landlord may not assess a penalty for the late payment of rent which exceeds 4% of the amount due for one month.
[PL 1987, c. 215 (NEW).]
3.  Notice in writing.
A landlord may not assess a penalty for the late payment of rent unless the landlord gave the tenant written notice at the time they entered into the rental agreement that a penalty, up to 4% of one month's rent, may be charged for the late payment of rent.
[PL 1987, c. 215 (NEW).]
SECTION HISTORY
PL 1987, c. 215 (NEW). PL 1987, c. 605 (AMD).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6029. Discrimination based on general assistance escrow accounts prohibited (REPEALED)

§6029. Discrimination based on general assistance escrow accounts prohibited
(REPEALED)
SECTION HISTORY
PL 1989, c. 484, §4 (NEW). MRSA T. 14 §6029, sub-§3 (RP).
2023 Maine Revised Statutes › TITLE 14: COURT PROCEDURE -- CIVIL › Part 7: PARTICULAR PROCEEDINGS › Chapter 710: RENTAL PROPERTY › 14 §6030. Unfair agreements

§6030. Unfair agreements
1.  Illegal waiver of rights.
It is an unfair and deceptive trade practice in violation of Title 5, section 207 for a landlord to require a tenant to enter into a lease or tenancy at will agreement for a dwelling unit, as defined in section 6021, in which the tenant agrees to a provision that has the effect of waiving a tenant right established in chapter 709, this chapter or chapter 710‑A. This subsection does not apply when the law specifically allows the tenant to waive a statutory right during negotiations with the landlord.
[PL 2009, c. 566, §16 (AMD).]
2.  Unenforceable provisions.
The following 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;   [PL 1991, c. 361, §2 (NEW); PL 1991, c. 361, §3 (AFF).]
B. Any provision that requires the tenant to pay the landlord's legal fees in enforcing the lease or tenancy at will agreement;   [PL 2009, c. 566, §16 (AMD).]
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   [PL 1991, c. 361, §2 (NEW); PL 1991, c. 361, §3 (AFF).]
D. Any provision that requires the tenant to acknowledge that the provisions of the lease or tenancy at will agreement, including tenant rules, are fair and reasonable.   [PL 2009, c. 566, §16 (AMD).]
[PL 2009, c. 566, §16 (AMD).]
3.  Exception.
Notwithstanding subsection 2, paragraph B, a lease 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 lease or tenancy at will agreement in cases of wanton disregard of the terms of the lease or tenancy at will agreement is not in violation of Title 5, section 207 and is enforceable.
[PL 2009, c. 566, §16 (AMD).]
SECTION HISTORY
PL 1991, c. 361, §2 (NEW). PL 1991, c. 361, §3 (AFF). PL 1991, c. 704 (AMD). PL 2009, c. 566, §16 (AMD).