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Maine Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Maine on
Q: Can a Maine tenant hire an electrician to verify an apartment's electrical safety despite landlord's objections?

I am a tenant in Maine concerned about my apartment's electrical safety. The landlord insists that only one small air conditioner is allowed due to the limitations of the building's electrical system, claiming that a larger unit, which would properly cool the space, could be unsafe. We... View More

James L. Arrasmith
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answered on Jun 12, 2025

You have the right to live in a habitable apartment that meets basic safety standards, and Maine's implied warranty of habitability requires landlords to maintain electrical systems that can support normal modern living. An apartment that reaches 87 degrees because the electrical system... View More

1 Answer | Asked in Civil Litigation and Appeals / Appellate Law for Maine on
Q: Is it reasonable to file a motion to stay Superior Court proceedings to secure legal counsel?

I filed a case pro se in Superior Court, and I feel the panel chair has shown clear bias against me as a pro se claimant. I've had difficulty securing a lawyer, not due to a lack of merit but because my case is niche, and there aren't many attorneys specializing in this area. I want to be... View More

James L. Arrasmith
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answered on Jun 11, 2025

Yes, it’s absolutely reasonable to file a motion to stay proceedings in order to secure legal counsel, especially when the subject matter is complex or when you feel the process has not been impartial. Courts generally recognize that everyone has the right to fair representation and a fair... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: Can virtual visitation replace in-person visitation under a Maine court order?

I have a court order in Maine that includes both virtual visitation and in-person visitation. Due to distance and expense, can virtual visitation fully replace in-person visitation under this court order?

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answered on Jun 12, 2025

It’s understandable to struggle with the cost and logistics of maintaining in-person visits, especially over long distances. However, if your court order in Maine includes both in-person and virtual visitation, you are legally expected to follow both unless the order is formally changed. Choosing... View More

2 Answers | Asked in Real Estate Law and Contracts for Maine on
Q: Am I liable for repairs on a property I own but don't live in?

I am listed on the deed and mortgage of a property I no longer live in, having moved out three years ago. The current inhabitants, who are not paying rent and who handle the mortgage payments, require repairs and renovations. There are no legal agreements in place concerning maintenance... View More

Elliott R. Teel
Elliott R. Teel
answered on Jun 5, 2025

The mortgage that you signed most likely requires that the property be maintained. If there is no agreement with the tenants that they need to do maintenance and repairs, then that is your responsibility as the owner.

It is not clear what you mean by "renovations", which...
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Q: Can we recover money from a rent-to-own agreement with issues in Sebago, ME?

I have a rent-to-own agreement for a mobile home in Sebago, Maine, since February 25, 2021. The landowner never obtained a certificate of occupancy, and there's a consent agreement with the town to demolish the mobile home, which we were unaware of at the time of entering the agreement. The... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you've gone through sounds deeply unfair, and it’s understandable that you’re looking for justice. If the landowner knew the home was under a demolition order and still entered into a rent-to-own agreement with you without disclosing that, it could amount to misrepresentation or even... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for Maine on
Q: Legal responsibility for previous tenant's claim on conveyed property in Maine.

We purchased a property with two dwellings, both full of personal property of varying value, garbage, and intentional damage. The purchase agreement stated that all items convey with the property. The previous tenant, who is the grandson of the seller, was lawfully evicted before the property was... View More

James L. Arrasmith
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answered on Jun 12, 2025

It sounds like you've done everything by the book when you bought the property. If the purchase agreement clearly stated that all items on the premises conveyed with the sale, and the previous tenant had already been lawfully evicted with notice, your legal responsibility is likely minimal.... View More

1 Answer | Asked in Business Formation, Business Law, Real Estate Law and Contracts for Maine on
Q: Legal review needed for Operating Agreement of a Maine-based LLC for real estate investment.

I need a legal review of an Operating Agreement for my new Maine-based LLC, formed to purchase, renovate, and resell residential real estate. As the sole investor, I want to ensure I have limited liability and indemnification, full reimbursement before profit-sharing, control over spending and... View More

James L. Arrasmith
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answered on May 31, 2025

You’re smart to want a careful review of your LLC Operating Agreement, especially as a first-time real estate investor in Maine. Since you’re the sole investor, it’s crucial that the agreement clearly limits your personal liability, details how and when you are indemnified, and describes how... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Maine on
Q: How to address medical gaslighting by cardiologists in Maine?

I feel that I'm being medically gaslighted by cardiologists. Over a year ago, my cardiologist told me I had calcification in my arteries, which was noted in my medical charts. However, whenever I bring it up, they claim it was a mistake and say there's no point in retesting. I'm a... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re experiencing is not okay, and your concerns deserve to be taken seriously—especially when your symptoms are ongoing and your medical records support what you’re saying. Being dismissed or talked down to because of your age is frustrating, disheartening, and unfair. You know your... View More

1 Answer | Asked in Child Custody and Family Law for Maine on
Q: Is my flexible interpretation of a visitation agreement reasonable and can visitation be refused?

I am seeking clarity on the interpretation of a visitation agreement that states: "Dad – Saturday and/or Sunday (times to be agreed) – to take place anywhere except family home. Usually, Saturday preferred. Exchange at the police station. 7:30 am to 7 pm dinner with Dad." My... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your interpretation of "times to be agreed" as providing flexibility does have merit and is reasonable given typical legal language in visitation agreements. Courts generally prefer when parents can work together flexibly, and "reasonable visitation" arrangements without strict... View More

1 Answer | Asked in Family Law and Divorce for Maine on
Q: Can I negotiate child-related agreements via Talking Parents App under a temporary restraining order in Maine?

I have a temporary restraining order in place that enforces no contact with the other party. However, an amended court order allows communication specifically about our children via text and requires us to set up the Talking Parents App as soon as possible. In this context, am I permitted to... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're taking a careful and thoughtful approach, which is especially important when a restraining order is involved. Since the amended court order allows for communication specifically about your children and requires use of the Talking Parents App, you are permitted to discuss matters... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Maine on
Q: What type of lawyer do I need for ADA and due process rights violation in Maine?

I'm disabled with documented neurological trauma and require remote access. I verbally requested ADA accommodations, but no formal process was offered. The court sent info to the wrong address, assigned me another person’s felony docket, sealed my case, and denied Zoom access. A bench... View More

James L. Arrasmith
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answered on Jun 10, 2025

What you’ve described is deeply troubling and deserves immediate legal attention. You should seek a civil rights attorney with experience in both ADA law and constitutional due process issues. Because your concerns span both access violations under the Americans with Disabilities Act and... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maine on
Q: Judge signed release with no conditions. Is it binding?

A judge signed the latest conditions of release for a defendant, but no conditions were checked off—only "no bail" was mentioned. The defendant was supposed to have a "no contact" condition with me, but this is absent in the signed document. Can the defendant legally contact... View More

James L. Arrasmith
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answered on Jun 7, 2025

It sounds like the court made an error in the release order by not including the "no contact" condition that you were expecting. If the judge signed a release with no conditions checked, then technically, the defendant may not be bound by conditions that aren’t explicitly written in the... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody, Domestic Violence and Family Law for Maine on
Q: Need help with judge's decision in divorce case involving false allegations and child's safety.

I'm seeking help regarding a complicated situation involving my ex-wife during our divorce proceedings. I believe the judge made an incorrect judgment by allowing false statements concerning my ex-wife administering pills to our son, despite her not having any allergies or medical issues.... View More

James L. Arrasmith
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answered on Jun 5, 2025

You can start by reviewing the final order and any transcripts. If you believe the judge missed critical evidence, you may file a motion to modify custody or even an appeal if deadlines allow.

Gathering clear documentation of incidents, like medical records or sworn statements, can help...
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1 Answer | Asked in Gov & Administrative Law, Civil Litigation and Civil Rights for Maine on
Q: Timeframe for mental health eval in Maine; issues with delay and incarceration.

I need clarification on the timeframe for conducting a court-ordered mental health evaluation in Maine. The evaluation was ordered on April 29th for an individual currently held at Cumberland County Jail, and as of May 18th, it has not been completed. I've seen conflicting policies, with the... View More

James L. Arrasmith
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answered on May 31, 2025

If a court-ordered mental health evaluation was supposed to be done within a specific timeframe, such as 10 or 21 days, and it still hasn’t been completed, you have grounds to raise this delay with the court. In Maine, the general expectation is that such evaluations should be prompt, especially... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Gov & Administrative Law for Maine on
Q: How can I ensure a supplemental statement is added to a domestic violence case file in Maine? The DA received but hasn't filed it.

I'm concerned about the process of adding a supplemental statement to the case file of my boyfriend, who was charged with domestic violence. I submitted the statement to the detective as instructed by the court, who confirmed it was sent via email. A victim advocate confirmed that the district... View More

James L. Arrasmith
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answered on Jun 5, 2025

You’ve done your part by submitting the statement and confirming it reached the DA’s office. It can help to follow up directly with the DA’s victim-witness coordinator—ask if they’ve placed the statement into the official court record and request a written confirmation of filing. If the... View More

2 Answers | Asked in Domestic Violence, Civil Rights and Criminal Law for Maine on
Q: Can charges for violating a dismissed PFA be held against a defendant in Maine?

In Maine, if a temporary PFA (Protection From Abuse) order was dismissed after the plaintiff did not show up for the final hearing, can charges for violating the PFA still be held against the defendant? In this case, my boyfriend was charged with a violation of the PFA after his pregnant... View More

Hunter J Tzovarras
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answered on May 18, 2025

In order to be guilty of violating a protective order, the State would have to prove that at the time the protective order was in place the person violated it. If the protective order is later dismissed that would not be a defense to violating it when it was in effect.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Maine on
Q: Should I plead not guilty for driving without a license in Maine?

I was pulled over and received a warning for speeding after telling the officer that I was tired from a long day at work and wasn’t feeling well. When asked for my driver’s license, I admitted I didn’t have one, explaining that it wasn’t suspended—I’ve never had one. I shared with the... View More

Hunter J Tzovarras
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answered on May 18, 2025

You should consult with a lawyer before deciding whether to plead guilty. If you don't have a lawyer, or unsure what to do, you should plead not guilty at the initial appearance. Oftentimes an agreement can be reached with the DA to dismiss the criminal charge, especially if you have taken... View More

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1 Answer | Asked in Estate Planning for Maine on
Q: I have a simple will from KY and a general power of attorney. I have moved to Maine and the executor of my will is in KY

Do I need to make a new wheel of power of attorney? I owe no money and have no property except a vehicle which is being put in joint names. Executor has a payment on death for my bank accounts.

James L. Arrasmith
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answered on May 16, 2025

Since you've moved to Maine, it’s a good idea to review your will and power of attorney to ensure they align with your current circumstances and state laws. While your will from Kentucky might still be valid in Maine, state-specific laws can sometimes impact how certain documents are... View More

1 Answer | Asked in Collections and Consumer Law for Maine on
Q: Doctor's office applied payments incorrectly; debt predates my 18th birthday. Steps to resolve?

I am facing an issue with my doctor's office regarding payment allocation. I have $1,047 in medical debt in collections, all incurred before I turned 18, which I understand is my parents' responsibility. However, I've been paying for my current medical bills as they come in,... View More

James L. Arrasmith
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answered on May 15, 2025

You should begin by formally documenting your concern with the doctor's office in writing, including a detailed explanation of the payment misallocation. Reference any recorded phone calls where you instructed the office to apply payments to your current bills. Request that they apply your... View More

1 Answer | Asked in Consumer Law, Collections and Health Care Law for Maine on
Q: Am I liable for medical bills in collections from services received as a minor?

I received medical services, including birth control injections and annual checkups, while I was covered by my stepfather's insurance (Anthem Blue Cross Blue Shield) and under the age of 18. These bills are now in collections. I've contacted the collections agency once to request removal,... View More

James L. Arrasmith
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answered on May 14, 2025

You're right to question whether you're truly responsible for these medical bills. In most cases, minors are not legally responsible for contracts, including medical billing agreements, because they do not have the legal capacity to enter binding contracts. That responsibility typically... View More

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