Changes in the Laws for Tenants (2011)
Despite some strong attempts to weaken the laws protecting tenants in Maine, only minor changes
took place in the 2011 legislative session. Through the hard work of MEJP, Pine Tree Legal
Assistance, Inc., Disability Rights Center, Maine Women’s Lobby and others many bad proposals
were defeated or modified. Here are some of the laws that were changed.
Mobile Homes
The existing law was unclear as to the tenant’s right to remove their mobile home after they had
moved out of the park.
Adopted by the Legislature: Tenants in mobile home parks will now have 24 days
to remove their home after moving out of the park. The tenant will not have to pay any back rent
or other charges if the tenant removes the mobile home within this time.
If the tenant does not respond to the notice from the park owner or does not move the mobile home
within the time limits, the park owner can take possession of the home. They can either sell the
home or condition its release on the tenant paying back rent and other charges.
Abandoned Property
Original proposal: The bill had proposed that tenants not be able to obtain their property
without first paying any past due rent and damages. In addition, the bill proposed that tenants
who got a notice about abandoned property at the time of entering the lease would not get a new
notice of their right to get their property at the time of moving out.
Adopted by the Legislature: Tenants in rental housing will now have up to 14 days to remove their
property after they move, rather than 24 days. Tenants will not have to pay any back rent or
any other charges in order to get their property, as long as they act within the time deadlines.
If the tenant fails to remove their belongings within the allowed time, then the landlord is free
to dispose of the property or refuse to release the property unless the tenant pays past due rent
and other charges.
Bed Bugs
Original proposal: The bill had proposed that landlords not be required to provide any
assistance to tenants in dealing with a bed bug infestation. It also proposed that tenants had no
right to get information before renting as to whether the apartment had bed bugs. Finally, tenants
who complained about bed bugs would not be protected in the eviction process.
Adopted by the Legislature: Tenants who need to have their apartments treated
for bed bugs will
still be able to get help from landlords. Landlords will not have to provide financial help,
but will have to help with such things as getting the tenant’s laundry treated, moving furniture,
etc. The law makes clear that the landlord does not have to pay for a tenant’s alternative
lodging or to replace any of the tenant’s personal property due to bed bug infestation/treatment.
Tenants will still have the right to know if the building has bed bugs, is being treated for bed
bugs or has recently had bed bugs. Tenants who complain about bed bugs will have protections
during the eviction process.
Housing Discrimination
Original proposal: The bill had proposed to do away with having housing discrimination
issues
heard in an eviction case. The result would have been that a tenant who had been discriminated
against could be evicted, although the tenant, after being evicted, could later have the issue
addressed before the Maine Human Rights Commission. This proposal would have seriously undermined
a tenant’s right to claim that an eviction was brought because the tenant had filed a fair housing
discrimination complaint or that the landlord was discriminating against the tenant.
Adopted by the Legislature: The law was clarified to make clear that tenants
who claim that a
landlord is discriminating by evicting them need to show that the reason for the eviction has
something to do with discrimination. For example, a tenant being evicted for non-payment of
rent won’t be able to stop the eviction just because the tenant has a disability. This change
only clarifies the law, but does not make any real changes. Tenants will still be able to raise
discrimination issues in eviction cases.
Court Appeals
Original proposal: Tenants who want to have a court hearing when their landlord tried
to evict them would have had to pay all back rent claimed due, before the tenant could have their
case heard in court. In addition, some tenants would not have any right to appeal to a higher
court if they lost their case in court.
Adopted by the Legislature: Tenants who lose their eviction case in court
will have to fill
out a form swearing that they have paid or offered to pay the rent during the appeal. Tenants
will not have to pay any past due rent in order to have their initial court hearing. All
tenants will have the right to appeal to a higher court if they lose their first court hearing.
Utility Costs Disclosures
Original Proposal: The bill proposed to limit the circumstances under which a landlord
had to provide energy use information to prospective tenants. In addition, current law only
provided for disclosure of energy costs for electricity or natural gas, but not for other
sources of energy.
Adopted by the Legislature: Tenants who pay for utilities will now be able
to get information on past usage from any energy supplier (e.g. electric company, oil company,
etc.) before they move in or rent. The new law provides greater rights for tenants because it
applies to not only electricity and natural gas suppliers, but to other energy sources, such as
fuel oil. Landlords will no longer have to give energy information to tenants who do not pay
these costs.
Radon Testing
Original Proposal: The bill had proposed that only newly purchased buildings be
subject to radon testing. Therefore, tenants who live in buildings that were not in the process
of being sold would not have their buildings tested for radon. In addition, the bill proposed
to limit the areas of the building that would be tested for radon. For example, tenants who
lived above the first floor would not have a right to radon testing.
Adopted by the Legislature: All buildings, not just those in the process of being sold will
have to be tested for radon. The areas to be tested will be determined using national testing
standards. Landlords will now have until March 1, 2014 to test apartments for radon, instead
of the previous deadline of December 31, 2011.
If you have any questions about the impact of these bills please contact Jack Comart at
207-626-7058 x 202 or toll free at 1-866-626-7058 x 202.
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