Maine Statewide Rule
Maine Implied Warranty of Habitability (Tit. 14 § 6021)
Key Facts
- Standard
- Dwelling must be "fit for human habitation"
- Tenant prerequisite
- Written notice + current on rent
- Minimum heat (if landlord-provided)
- 68°F (per statutory measurement)
- Remedies
- Repair order, rent abatement; no consequential damages
- Statute
- Me. Rev. Stat. tit. 14 § 6021
Summary
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.
§6021. Implied warranty and covenant of habitability 1. Definition. As used in this section, the term "dwelling unit" shall include mobile homes, apartments, buildings or other structures, including the common areas thereof, which are rented for human habitation. [PL 1977, c. 401, §4 (NEW).] 2. Implied warranty of fitness for human habitation. In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation. [PL 1977, c. 401, §4 (NEW).] 3. Complaints. If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that: A. A condition, which shall be described, endangers or materially impairs the health or safety of the tenants; [PL 1977, c. 401, §4 (NEW).] B. The condition was not caused by the tenant or another person acting under his control; [PL 1977, c. 401, §4 (NEW).] C. Written notice of the condition without unreasonable delay, was given to the landlord or to the person who customarily collects rent on behalf of the landlord; [PL 1977, c. 401, §4 (NEW).] D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and [PL 1977, c. 401, §4 (NEW).] E.
Full Breakdown
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.
Violations & Penalties
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).
Frequently Asked Questions
Does Maine require landlords to keep rentals fit to live in?
What must I do before suing my Maine landlord over a bad condition?
Sources
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