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Maine Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Maine on
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... View More

Fred Bopp III
Fred Bopp III
answered on Jun 23, 2019

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... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord increase my rent in the middle of a lease?

Can I withhold rent if there are issues with my apartment that arent being fixed?

Fred Bopp III
Fred Bopp III
answered on May 27, 2019

You asked two very different questions. 1. As to whether your landlord can increase your rent in the middle of a lease, assuming you have a written lease, the landlord probably cannot increase the rent during the lease term. Read your lease to find out if it says something different. 2. The... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: We rent a lot in maine and the landlord has been looking in our windows and entering our home without notice. Legal?

She has been driving by our house at a crawl, walking around our yard, and when she thinks nobody is home, she enters the home to put notes on our stove. I just want to know if this is legal since she owns the lot and not the trailer we live in or if we can get a protection order or something to... View More

Fred Bopp III
Fred Bopp III
answered on May 2, 2019

To provide you with a complete answer, I would need to see a copy of your lease, because a lease will typically have provisions concerning the landlord’s access to the property the tenant is renting. Do you have a written lease?

That said, and subject to the terms of your lease, I would...
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1 Answer | Asked in Landlord - Tenant for Maine on
Q: Moved in with family they moved we was splitting rent do I have to move or can I keep renting was no lease agreements

It was my cousins apartment she was on a month to month basis she couldn't afford her half of the bills and moved I still pay the rent can landlord make me move when I been paying the rent or do they have to evict me threw the courts

Fred Bopp III
Fred Bopp III
answered on Feb 4, 2019

I believe the answer to your question will depend largely on whether the landlord has acknowledged your tenancy by acceptance of rent or otherwise, as provided under 14 M.R.S. § 6001(1). This is a fact-dependent inquiry. If so, then you should have the rights of a tenant at will under Maine law.... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: What can I do if my landlord refuses to fix our heating issue? Some times it's only 50 degrees and for the past few days

It's been 85 and they charge us money for opening windows..we are getting no sleep and sick from this and they have been notified about it.

Fred Bopp III
Fred Bopp III
answered on Jan 29, 2019

Here is an excellent resource to help with your questions: How Much Heat and Other Basic Utilities Does My Landlord Have to Provide? https://www.ptla.org/how-much-heat-and-other-basic-utilities-does-my-landlord-have-provide# The information at this website is provided by Pine Tree Legal.

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Can my landlord have my vehicle towed? I still live here and have always parked out back in the driveway?

I live in Maine. My lease doesn't say anything about designated areas for parking and they don't have signs up. My car's battery needs to be replaced that is why I can't move it.

Fred Bopp III
Fred Bopp III
answered on Jan 26, 2019

I would need to see your lease to give you a more complete answer, but why does your landlord want to have your car towed? Have you asked him or her what the issue is?

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord shut water off morning after paying rent; won't answer his door or phone and have left notes on his door.

We have all receipts from rent payments, plus we gave him a phone and internet services from our set-up. His other tenant has not paid for some time now, I understand if he wants to shut her water off, but he doesn't have 2 separate shut offs for the water. My boyfriend and I are going on 2... View More

Fred Bopp III
Fred Bopp III
answered on Nov 21, 2018

Your question indicates that you have a written lease. You will want to review the terms of your lease to determine what your rights and remedies are under these circumstances and then follow the provisions of the lease. In all likelihood, your lease requires you to provide written notice to your... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: My tenant passed away and was 3 months behind on rent. Can I still get the money from his family?
Fred Bopp III
Fred Bopp III
answered on Nov 10, 2018

If his family has not signed or guaranteed the lease, no. Your claim for rent owed would have to be presented to the representative or executor of the deceased tenant's estate. Generally, the deceased tenant’s estate is legally responsible for rental payments until the lease expires or is... View More

1 Answer | Asked in Landlord - Tenant for Maine on
Q: Landlord changed lease to have us pay electric but not other tenants, shared water heater and common area on our bill.

Our original lease with previous owner included all utilities. After being bought by new owner, landlord started requesting extra $ from us for the electric bill. A few months ago landlord forced us to sign new lease, lowering rent by $50, but putting electric in our name (bill averaging... View More

Fred Bopp III
Fred Bopp III
answered on Nov 3, 2018

Generally speaking, once you signed the new lease, you're bound by its terms, unless, for example, you have a claim that you were under duress at the time you signed it (which is very difficult to prove). I would suggest contacting CMP to see if they can help you sort out exactly what portion... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Maine on
Q: I am in a lease/option contract. The owner and I have found a buyer and is under a contract. Doesn't that void mine?

The buyer has a 30-day contract to buy the house..the title work was begun a month before his contract was signed. There is a 'gap in ownership' that the title company says is not an easy fix. They claim it could drag on for awhile. The owner is doing nothing to repair the title and... View More

Elliott R. Teel
Elliott R. Teel
answered on Feb 22, 2018

More information is needed to really answer this question. The contract would need to be reviewed to determine if it was valid to begin with, or if there has been a breach.

Depending on the problem with the title, it may not be worth exercising your option right now.

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