Tenant Law in Maine

Relations between tenants and landlords in Harpswell, Maine can sometimes be touchy. The fact is that it's not easy to be a landlord or a tenant, especially because landlords and tenants often don't understand the legal rights and responsibilities that apply to them.

Landlords and tenants have to navigate a web of legal rights and obligations. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.

Landlord's Rights in Harpswell, ME

The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords earn a living, so they are entitled to collect the rent that the tenant agreed to pay.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not liable for damage resulting from ordinary wear and tear.

Tenant's Rights in Harpswell, ME

At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Therefore, landlords in Harpswell, Maine must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal requirements that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).

Furthermore, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Harpswell, Maine. Furthermore, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.

Under the laws of Maine, and the United States, discrimination in housing on the basis of race, religion, or gender is strictly prohibited. Furthermore, under the Americans with Disabilities Act, landlords must not discriminate against renters on the basis of any physical disability. They also have to allow the renter to make reasonable modifications to their apartment, to make it more accessible. Generally, landlords are only required to allow relatively minor and reversible modifications, and tenants cannot compel them to remodel the building, for example. Also, once the tenant leaves, the landlord can bill the tenant for the costs of restoring the apartment to its original condition.

And finally, most state laws prevent landlords from arbitrarily evicting tenants. If the lease agreement is for a set period of time, the landlord generally can't evict the tenant until the lease expires, without a good reason. Valid causes for eviction include unpaid rent, illegal activities on the property, damage to the building caused by the tenant, and excessive noise.

Can a Harpswell, Maine Landlord/Tenant Lawyer Help?

Landlords and tenants generally want to avoid conflict with one another. However, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a good Harpswell, Maine landlord/tenant attorney can help.