Bridgton, ME asked in Landlord - Tenant for Maine

Q: We have lived in our apartment for 6 years without complaint and the new owner says we can't smoke on our porch anymore.

I have 3 small kids I can't leave alone to go smoke 100 ft from my door. Says nothing in the lease and first owner who we signed lease with didn't care if we smoked inside let alone the front porch. It's just I don't want to leave me kids alone and we turned down a WAY nicer place because we couldn't smoke close to our door to watch our kids.

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1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Landlord Tenant Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: I can’t answer your question definitively because I don’t have all the necessary facts, but I can tell you that Maine law provides, in part: “A landlord who or other person who on behalf of a landlord enters into a lease or tenancy at will agreement for residential premises that are used by a tenant or will be used by a potential tenant as a primary residence shall provide to the tenant or potential tenant a smoking policy disclosure that notifies tenants or potential tenants of the landlord's policy regarding smoking on the premises in accordance with subsection 3.” 14 M.R.S. § 6030-E(2). “The notice must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas of the premises. If the landlord allows smoking in limited areas on the premises, the notice must identify the areas on the premises where smoking is allowed.” 14 M.R.S. § 6030-E(3)(A). A landlord may notify a tenant or potential tenant of the smoking policy by disclosing it in a written lease agreement, or providing a separate written notice to a tenant or potential tenant entering into a tenancy at will agreement. The landlord shall obtain a written acknowledgment of the notification of the smoking policy from a tenant or potential tenant before a tenant or potential tenant enters into a contract or pays a deposit to rent or lease the property. See 14 M.R.S. § 6030-E(3)(B)-(C).

Tim Akpinar agrees with this answer

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