Every residential lease in Maine carries an implied warranty that the unit is fit for human habitation. If a defect endangers health or safety and the landlord unreasonably fails to repair after written notice, a tenant who is current on rent may seek court remedies including rent abatement and injunctive repair orders.
Me. Rev. Stat. tit. 14 § 6021 implies in every residential tenancy a "covenant by the landlord that the dwelling unit is fit for human habitation." To recover, a tenant must show the condition endangers or materially impairs health or safety, the tenant did not cause it, written notice was given to the landlord without unreasonable delay, the landlord "unreasonably failed... to take prompt, effective steps to repair or remedy," and the tenant was current on rent when notice was given. Where heat is the landlord's obligation, the unit must reach at least 68°F three feet from exterior walls and five feet above the floor at minus 20°F outside. Courts may order repairs, abate rent for the impaired period, or permit temporary vacating, but may not award consequential damages.
Court may order repairs by injunction, reduce or abate rent for the period of impaired value, or permit the tenant to vacate temporarily rent-free; consequential damages are not available (tit. 14 § 6021).
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