Rights of Maine Tenants to Habitable Living
In each state, landlords have a duty to provide safe and clean housing to their tenants. Known as the warranty of habitability, neither landlord nor tenant may waive the landlord's basic duty to provide tenants with habitable living conditions. The warranty of habitability is an implied right, even when lease agreements do not specifically include the warranty provision. In Maine, landlords must follow the state's strict housing laws.
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Warranty of Habitability in Maine
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Maine requires landlords renting space to tenants to provide a reasonably safe and healthy living environment. Landlords have a duty to provide housing free of toxic mold and vermin and must maintain electrical and plumbing systems. Landlords must ensure tenants live in units with adequate heat that are without sewage problems and lead-based paint.
Repairs
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Maine's implied warranty of habitability law requires landlords to repair unsafe heating supplies, fix broken windows, repair leaking ceilings and exterminate apartments when there is a roach infestation. Landlords must provide tenants with plumbing capable of providing drinkable water.
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Winter Heating and Lead Disclosures
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Tenants must be able to maintain a constant indoor temperature of 68 degrees during the winter. Landlords have a duty to disclose all known lead dangers to tenants. Landlords renting buildings built prior to 1978 must give tenants at least 30 days' written notice prior to repairing walls or making renovation which could chip lead-based paint. Landlords must provide specific written notice to all tenants within the building of the upcoming repair work through certified mail and must post signs to all entryways and exterior entry doors in the building. Landlords have the option of obtaining individual waivers from tenants after posting the notices in lieu of sending letters. Landlords that violate this law can face $500 fines for each notice violation. The District Attorney's office and the Maine Attorney General's Consumer Protection Division is charged with investigating the lead-based paint disclosure regulations.
Bedbugs
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Landlords may not legally rent apartments with known bedbug infestations or apartments reasonably believed to have bedbug infestations. Tenants may ask landlords about any bedbug problems prior to renting, and landlords are obligated to provide honest answers. Landlords have a duty to provide a state-certified pest control company within 10 days of receiving a tenant's complaint about bedbugs. Landlords must, however, inspect the apartment within five days of receiving the tenant's complaint. Landlords have legal duties to ensure the tenant's unit is free of bedbug infestations. Tenants have legal rights to damage awards when landlords do not comply with this duty.
Alarms
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Landlords must provide smoke alarms and carbon monoxide alarms in each apartment, located near or within bedrooms. Landlords renting single-family homes built after 1981 must provide working smoke alarms. Landlords may have a duty to provide carbon monoxide alarms for homes built after 1981 if there were bedroom renovations. Buildings containing more than three levels must contain apartments with smoke alarms in each hallway. Landlords who installed smoke alarms after October 2009 must install battery backup units. Additionally, landlords must provide a photoelectric smoke detector if the smoke detector is located within 20 feet of a bathroom with a tub or shower or within 20 feet of a kitchen.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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