MAIN UPDATE

Changes in State Laws Affect Renters

The 2009 Maine legislative session saw a few changes in the laws for tenants – people who rent apartments or homes. Most of these changes go into effect in September 2009. Here are the highlights:

• Lower Heat: Landlords and tenants can now agree to keep the heat down to 62º. The agreement must be voluntary. It must be in writing. Tenants, whose heat is included in the rent, must get something in return such as lower rent. No household with an elderly person or a young person can make one of these agreements. Either the landlord or the tenant can cancel the deal. Without one of these agreements, the temperature should normally be maintained at 68º.
• Mobile Home Park Security Deposits: With interest rates falling, the 4% that mobile home park owners have to pay on security deposits will change. The new rate will be whatever the park owner can get at a bank. Park owners will now have to keep security deposits in banks and protected from creditors. When a park is sold, the new owner is responsible for the old deposits.
• Commission to Study Landlord- Tenants Laws: Over the next several months representatives of landlords and tenants, including MEJP, will meet to see if the laws can be made better. The group will look at making the law easier to understand and making stronger protections for tenant.
• Radon Testing: Landlords will have to test their buildings for radon. Radon is a naturally occurring radioactive gas that comes up from the ground. It is the second leading cause of lung cancer in Maine. Under the new law, landlords will need to test the building. If radon levels are over a certain level, the landlord will have to take steps to lower the amount of radon.
• Foreclosure: Tenants will now get a notice of foreclosure so that they have time to find another place to live. The new law covers tenants who live in commercial residential properties and small, 1 to 4 unit rental properties. This change is in effect now. (Also see ‘Are You Facing Foreclosure?’)

MEJP helped defeat bills that would have cut back on tenants’ rights in certain leases and required late fees earlier on tenants. A bill to deny court hearing rights to tenants was also defeated.

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