Tenant Law in Maine
Relations between tenants and landlords in Westbrook, 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 Westbrook, 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 make a living, so they are entitled to collect the rent that the tenant agreed to pay.
Additionally, landlords have a right to be compensated for damage a tenant causes to a rented unit, either intentionally or negligently. Landlords have a right to deduct repair costs from tenants' security deposits, unless the damage was caused by normal wear and tear, for which tenants are not responsible.
Tenant's Rights in Westbrook, ME
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Westbrook, Maine, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are many more factors that can be considered, as well, but those are some of the basics.
Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Westbrook, Maine's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the proper repairs.
Tenants also have rights, under federal and Maine law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Moreover, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.
Finally, tenants are legally protected from arbitrary eviction. Landlords usually must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.
Can a Westbrook, Maine Landlord/Tenant Lawyer Help?
Whether you are a landlord or a tenant, chances are that you want to avoid conflict. But if you do end up in a seemingly irresolvable conflict with the other party, a Westbrook, Maine attorney can help you protect your rights.