CHAPTER 709
ENTRY AND DETAINER (HEADING: PL 1999, c. 192, §1 (rpr))
SUBCHAPTER I
RESIDENTIAL LANDLORDS AND TENANTS (HEADING: PL 1999, c. 192,
§1 (new))
Availability of remedy
1. Persons against whom process may be maintained. Process
of forcible entry and detainer may be maintained against a disseisor
who has not acquired any claim by possession and improvement;
against a tenant holding under a written lease or contract or person
holding under such a tenant; against a tenant where the occupancy of
the premises is incidental to the employment of a tenant; at the
expiration or forfeiture of the term, without notice, if commenced
within 7 days from the expiration or forfeiture of the term; against
a tenant at will, whose tenancy has been terminated as provided in
section 6002; and against mobile home owners and tenants pursuant to
Title 10, chapter 951, subchapter VI. When there are multiple
occupants of an apartment or residence, the process of forcible
entry and detainer is effective against all occupants if the
plaintiff names as parties "all other occupants" together
with all adult individuals whose names appear on the lease or rental
agreement for the premises or whose tenancy the plaintiff has
acknowledged by acceptance of rent or otherwise. [1995, c. 372, §1
(amd).]
2. Persons who may not maintain process. The process of
forcible entry and detainer may not be maintained against a tenant
by a 3rd party lessee, grantee, assignee or donee of the tenant's
premises, unless a tenant at will has received notice of termination
in accordance with section 6002 by either the grantor or the grantee
of the conveyance. [1985, c. 638, §4 (amd).]
3. Presumption of retaliation. In any action of
forcible entry and detainer there shall be a presumption that the
action was commenced in retaliation against the tenant if, within 6
months prior to the commencement of the action, the tenant has:
A. Asserted his rights pursuant to section 6021; [1981,
c. 428, §1 (new).]
B. Complained as an individual, or a complaint has been
made in that individual's behalf, in good faith, of conditions
affecting that individual's dwelling unit which may constitute a
violation of a building, housing, sanitary or other code, ordinance,
regulation or statute, presently or hereafter adopted, to a body
charged with enforcement of that code, ordinance, regulation or
statute, or such a body has filed a notice or complaint of such a
violation; [1989, c. 484, §1 (amd).]
C. Complained in writing or made a written request, in
good faith, to the landlord or the landlord's agent to make repairs
on the premises as required by any applicable building, housing or
sanitary code, or by section 6021, or as required by the rental
agreement between the parties; or [1989, c. 484,
§1 (amd).]
D. [T. 14, §6001, sub-§3, paragraph D (rp).] No writ of
possession may issue in the absence of rebuttal of the presumption
of retaliation. [1989, c. 484, §§1,2 (amd).]
4. Membership in tenants' organization. No writ of
possession may issue when the tenant proves that the action of
forcible entry and detainer was commenced in retaliation for the
tenant's membership in an organization concerned with
landlord-tenant relationships. Chap. 709, 14 § 6001. [1981,
c. 428, §1 (new).]
Tenancy at will; buildings on land of another
Tenancies at will must be terminated by
either party by a minimum of 30 days' notice, except as provided in
subsection 1, in writing for that purpose given to the other party,
but if the landlord or the landlord's agent has made at least 3 good
faith efforts to serve the tenant, that service may be accomplished
by both mailing the notice by first class mail to the tenant's last
known address and by leaving the notice at the tenant's last and
usual place of abode. In cases when the tenant, if liable to
pay rent, is not in arrears at the expiration of the notice, the 30
days' notice must be made to expire upon the date rent is due.
Either party may waive in writing the 30 days' notice at the time
the notice is given, and at no other time prior to the giving of the
notice. A termination based on a 30-day notice is not affected
by the receipt of money, whether previously owed or for current use
and occupation, until the date a writ of possession is issued
against the tenant during the period of actual occupancy after
receipt of the notice. When the tenancy is terminated, the
tenant is liable to the process of forcible entry and detainer
without further notice and without proof of any relation of landlord
and tenant unless the tenant has paid, after service of the notice,
rent that accrued after the termination of the tenancy. These
provisions apply to tenancies of buildings erected on land of
another party. Termination of the tenancy is deemed to occur
at the expiration of the time fixed in the notice. [1995, c. 208, §1
(amd).]
1. Causes for 7-day notice of termination of tenancy.
Notwithstanding any other provisions of this chapter, in the event
that the landlord can show, by affirmative proof, that the tenant,
the tenant's family or an invitee of the tenant has caused
substantial damage to the demised premises that the tenant has not
repaired or caused to be repaired before the giving of the notice
provided in this subsection, has caused or permitted a nuisance
within the premises, has caused or permitted an invitee to cause the
dwelling unit to become unfit for human habitation or has violated
or permitted a violation of the law regarding the tenancy, or when
the tenant is 7 days or more in arrears in the payment of rent, the
tenancy may be terminated by the landlord by 7 days' notice in
writing for that purpose given to the tenant, and in the event that
the landlord or the landlord's agent has made at least 3 good faith
efforts to serve the tenant, that service may be accomplished by
both mailing the notice by first class mail to the tenant's last
known address and by leaving the notice at the tenant's last and
usual place of abode. If a tenant, who is 7 days or more in
arrears in the payment of rent, pays the full amount of rent due
before the expiration of the 7-day notice in writing, that notice is
void. Thereafter, in all residential tenancies at will, if the
tenant pays all rental arrears, all rent due as of the date of
payment and any filing fees and service of process fees actually
expended by the landlord before the issuance of the writ of
possession as provided by section 6005, then the tenancy must be
reinstated and no writ of possession may issue. Payment or
written assurance of payment through the general assistance program,
as authorized by the State or a municipality pursuant to Title 22,
chapter 1161, has the same effect as payment in cash.
[1999, c. 248, §1 (amd).]
2. Ground for termination notice. A notice of
termination issued pursuant to subsection 1 must indicate the
specific ground claimed for issuing the notice. If a ground
claimed is rent arrearage of 7 days or more, the notice must also
include a statement indicating the amount of the rent that is 7 days
or more in arrears as of the date of the notice. A termination
notice issued on the ground of rent arrearage must also state the
following: "If you pay the amount of rent due as of the
date of this notice before this notice expires, then this notice as
it applies to rent arrearage is void." For all
residential tenancies at will, a termination notice issued on the
ground of rent arrearage must also state: "After this
notice expires, if you pay all rental arrears, all rent due as of
the date of payment and any filing fees and service of process fees
actually paid by the landlord before the writ of possession issues
at the completion of the eviction process, then your tenancy will be
reinstated." If the notice states an incorrect rent
arrearage the notice can not be held invalid if the landlord can
show the error was unintentional. [1999, c. 248, §2 (amd).]
3. Breach of warranty of habitability as an affirmative
defense. In an action brought by a landlord to terminate a rental
agreement on the ground that the tenant is in arrears in the payment
of rent, the tenant may raise as a defense any alleged violation of
the implied warranty and covenant of habitability, provided that the
landlord or the landlord's agent has received actual or constructive
notice of the alleged violation, and has unreasonably failed under
the circumstances to take prompt, effective steps to repair or
remedy the condition and the condition was not caused by the tenant
or another person acting under the tenant's control. Upon
finding that the dwelling unit is not fit for human habitation, the
court shall permit the tenant either to terminate the rental
agreement without prejudice or to reaffirm the rental agreement,
with the court assessing against the tenant an amount equal to the
reduced fair rental value of the property for the period during
which rent is owed. The reduced amount of rent thus owed must
be paid on a pro rata basis, unless the parties agree otherwise, and
payments become due at the same intervals as rent for the current
rental period. The landlord may not charge the tenant for the
full rental value of the property until such time as it is fit for
human habitation. [1995, c. 208, §1 (amd).] Chap. 709,
14 § 6002.
Jurisdiction
The District Court shall have jurisdiction of
cases of forcible entry and detainer. The court shall schedule and
hold the hearing as soon as practicable, but no later than 10
days after the return day except that the court may grant a
continuance for good cause shown. Any defendant requesting a
recorded hearing shall file a written answer enumerating all known
defenses on or before the return day. [1997, c. 151, §1 (amd).]
Chap. 709, 14 § 6003.
Commencement of action
The process of forcible entry and detainer
shall be commenced and service made in the same manner as other
civil actions. When the plaintiff lives out of the State and a
recognizance is required of him, any person may recognize in his
behalf and shall be personally liable. Chap. 709, 14 § 6004.
Writ of possession; service
When the defendant is defaulted or fails to
show sufficient cause, judgment must be rendered against the
defendant by the District Court for possession of the premises.
Seven calendar days after the judgment is entered, the court shall
issue the writ of possession to remove the defendant. The writ
may be served by a sheriff or a constable. If at least 3 good
faith efforts on 3 different days have been made to serve the
defendant, service may be accomplished by both mailing the notice by
first-class mail to the defendant's last known address and leaving
the writ of possession at the defendant's last and usual place of
abode. A writ of possession may not issue in any case in which
the ground for termination of the tenancy at will was rent arrearage
and the defendant paid the amount necessary to reinstate the tenancy
as provided by section 6002. [1999, c. 248, §3 (amd).] An
additional writ of possession may be issued by the clerk at the
request of the plaintiff after issuance of the first writ. [1989, c.
452, §2 (new).]
When a writ of possession has been served on the defendant by a
constable or sheriff, and the defendant fails to remove himself or
his possessions within 48 hours of service by the constable or
sheriff, the defendant is deemed a trespasser without right and the
defendant's goods and property are considered by law to be abandoned
and subject to section 6013. [1981, c. 428, §6 (new).] Chap.
709, 14 § 6005.
Claim of title (REPEALED) Chap. 709, 14 §
6006.
Allegation that defendant's claim is frivolous (REPEALED) Chap.
709, 14 § 6007.
Appeal
1. Right to appeal. Either party may appeal on questions
of law from a judgment to the Superior Court as in other civil
actions. Either party may appeal on any issue triable by right
by a jury to a trial de novo in the Superior Court as provided in
this section. The time for filing an appeal of the judgment of
the District Court expires upon the issuance of the writ of
possession pursuant to section 6005 or 30 days from the time the
judgment is entered, whichever occurs first. [1997, c. 336, §2 (amd).]
2. Appeal by defendant; record; stay. When the
defendant appeals, the defendant shall pay to the plaintiff or, if
there is a dispute about the rent, to the District Court, any unpaid
portion of the current month's rent or the rent arrearage, whichever
is less. The District Court shall promptly transmit the record
and any such payments to the Superior Court without waiting for the
preparation of a transcript of recorded testimony. The
Superior Court may stay the issuance of a writ of possession pending
disposition of the appeal.
A. The Superior Court shall condition the granting and
continuation of the stay on the defendant's payment of rent for the
premises as required by this subsection at the time of appeal and on
payment of any rent that has accrued since the filing of the appeal
to the plaintiff or, if there is a dispute about the rent, into an
escrow account to be administered by the clerk of the Superior
Court. Upon application of either party, the Superior Court
may authorize payments from the escrow account for appropriate
expenses related to the premises. The appeal decision or an
agreement of the parties must provide for the disposition of the
escrowed rent. [1997, c. 336, §2 (amd).]
B. The Superior Court may condition the granting and
continuation of the stay, in appropriate cases, on the defendant's
agreement to refrain from causing any nuisance or damage. [1995, c.
448, §2 (new).] [1997, c. 336, §2 (amd).]
3. Vacation of stay; security; remedial order. Upon
finding a violation of the conditions for granting the stay, the
Superior Court shall vacate the stay and may issue a writ of
possession. The Superior Court may require the plaintiff to
provide security as may be necessary to protect the defendant's
interest while the appeal is pending. If the defendant
prevails, the Superior Court may issue a remedial order as necessary
to make the defendant whole, including damages. [1995, c. 448, §2
(new).]
4. Claim of title. In disputes involving a claim of
title, the District Court may provide for discovery on an expedited
schedule. [1995, c. 448, §2 (new).]
5. Security. For the purposes of this section,
"security" may include a bond, an escrow account, a lien,
a mortgage, an order to make payments under a lease or contract as
they become due or any other financial protection as is reasonably
necessary to protect the interests of a party. The District
Court and the Superior Court may make any necessary orders with
respect to the provision of security, revise the orders when
required by the interests of justice, sanction a party for failure
to comply with a security requirement and waive or modify the
requirement of security for good cause shown and recited in an
order. [1995, c. 448, §2 (new).]
Chap. 709, 14 § 6008.
Judgment for plaintiff; possession on recognizance;
damages (REPEALED)
Chap. 709, 14 § 6009.
Sums due for rent and damages
Sums due for rent on leases under seal or
otherwise and claims for damages to premises rented may be recovered
in an action, specifying the items and amount claimed, but no action
shall be maintained for any sum or sums claimed to be due for rental
or for any claim for damages for the breach of any of the conditions
claimed to be broken on the part of the lessee, his legal
representatives, assigns or tenant, contained in a lease or written
agreement to hire or occupy any building, buildings or part of a
building, during a period when such building, buildings or part of a
building, which the lessee, his assigns, legal representatives or
tenant may occupy or have a right to occupy, shall have been
destroyed or damaged by fire or other unavoidable casualty so that
the same shall be thereby rendered unfit for use or habitation;
provided that nothing herein shall render invalid or unenforceable
an agreement contained in a lease of any building, buildings, or
part of a building used primarily for other than residential
purposes or in the case of any lease securing obligations guaranteed
by the Maine Guaranty Authority or in any written instrument to pay
the rental stipulated in said lease or agreement or any portion of
such rental during a period when the building, buildings or part of
a building described therein shall have been destroyed or damaged by
fire or other unavoidable casualty so that the same shall be
rendered unfit for use or habitation, in whole or in part. [1973, c.
633, § 21 (amd).] In any action for sums due for rent, if the court
finds that: [1977, c. 401, § 3 (new).]
1. Notice of condition. The tenant, without
unreasonable delay, gave to the landlord or to the person who
customarily collects rent on behalf of the landlord written notice
of a condition which rendered the rented premises unfit for human
habitation; [1977, c. 401, § 3 (new).]
2. Cause of condition. The condition was not caused by
the tenant or another person acting under his control; [1977, c.
401, § 3 (new).]
3. Failure to take steps. The landlord unreasonably
failed under the circumstances to take prompt, effective steps to
repair or remedy the condition; and [1979, c. 127,
§ 112 (rpr).]
4. Rental payments current. The tenant is current in
rental payments owing to the landlord at the time written notice was
given. [1979, c. 127, § 112 (rpr).]
Then the court shall deduct from the amount of rent due and
owing the difference between the rental price and the fair value of
the use and occupany of the premises from the time of written
notice, as provided in subsection 1, to the time when the condition
is repaired or remedied. In determining the fair value of the use
and occupancy of the premises, there shall be a rebuttable
presumption that the rental price is the fair value of the rented
premises free from any condition rendering it unfit for human
habitation. Any agreement by a tenant to waive the rights or
benefits provided by this section shall be void. A written agreement
whereby the tenant accepts specified conditions which may violate
the warranty of fitness for human habitation in return for a stated
reduction in rent or other specified fair consideration shall be
binding on the tenant and the landlord. [1979, c. 127, § 113
(new).] Chap. 709, 14 § 6010.
Landlord's duty to mitigate
1. Scope of section. If a tenant unjustifiably moves from
the premises prior to the effective date for termination of his
tenancy and defaults in payment of rent, or if the tenant is removed
for failure to pay rent or any other breach of a lease, the landlord
may recover rent and damages except amounts which he could mitigate
in accordance with this section, unless he has expressly agreed to
accept a surrender of the premises and end the tenant's liability.
Except as the context may indicate otherwise, this section applies
to the liability of a tenant under a lease, a periodic tenant or an
assignee of either. [1985, c. 293, § 3 (new).]
2. Measure of recovery. In any claim against a tenant
for rent and damages, or for either, the amount of recovery shall be
reduced by the net rent obtainable by reasonable efforts to rerent
the premises. "Reasonable efforts" means those steps
which the landlord would have taken to rent the premises if they had
been vacated in due course, provided that those steps are in
accordance with local rental practice for similar properties.
In the absence of proof that greater net rent is obtainable by
reasonable efforts to rerent the premises, the tenant shall be
credited with rent actually received under a rerental agreement
minus expenses incurred as a reasonable incident of acts under
subsection 4, including a fair proportion of any cost of remodeling
or other capital improvements. In any case, the landlord may
recover, in addition to rent and other elements of damage, all
reasonable expenses of listing and advertising incurred in rerenting
and attempting to rerent, except as taken into account in computing
the net rent. If the landlord has used the premises as part of
reasonable efforts to rerent, under subsection 4, paragraph C, the
tenant shall be credited with the reasonable value of the use of the
premises, which shall be presumed to be equal to the rent
recoverable from the defendant unless the landlord proves otherwise.
If the landlord has other similar premises for rent and receives an
offer from a prospective tenant not obtained by the defendant, it
shall be reasonable for the landlord to rent the other premises for
his own account in preference to those vacated by the defaulting
tenant. [1985, c. 293, § 3 (new).]
3. Burden of proof. The landlord must allege and prove
that he has made efforts to comply with this section. The
tenant has the burden of proving that the efforts of the landlord
were not reasonable, that the landlord's refusal of any offer to
rent the premises or a part of the premises was not reasonable, that
any terms and conditions upon which the landlord has in fact
rerented were not reasonable and that any temporary use by the
landlord was not part of reasonable efforts to mitigate in
accordance with subsection 4, paragraph C. The tenant shall
also have the burden of proving the amount that could have been
obtained by reasonable efforts to mitigate by rerenting. [1985, c.
293, § 3 (new).]
4. Acts privileged in mitigation of rent or damages.
The following acts by the landlord shall not defeat his right to
recover rent and damages and shall not constitute an acceptance of
surrender of the premises:
A. Entry, with or without notice, for the purpose of
inspecting, preserving, repairing, remodeling and showing the
premises; [1985, c. 293, § 3 (new).]
B. Rerenting the premises or a part of the premises,
with or without notice, with rent applied against the damages caused
by the original tenant and in reduction of rent accruing under the
original lease; [1985, c. 293, § 3 (new).]
C. Use of the premises by the landlord until such time
as rerenting at a reasonable rent is practical, not to exceed one
year, if the landlord gives prompt written notice to the tenant that
the landlord is using the premises pursuant to this section and that
he will credit the tenant with the reasonable value of the use of
the premises to the landlord for such a period; and
[1985, c. 293, § 3 (new).]
D. Any other act which is reasonably subject to
interpretation as being in mitigation of rent or damages and which
does not unequivocally demonstrate an intent to release the
defaulting tenant. [1985, c. 293, § 3 (new).] [1985, c. 293, § 3
(new).] Chap. 709, 14 § 6010-A.
House of ill fame; lease void at landlord's option
When the tenant of a dwelling house is
convicted of keeping it as a house of ill fame, the lease or
contract by which he occupies it may, at the option of the landlord,
be deemed void and the landlord shall have the same remedy to
recover possession as against a tenant holding over after his term
expires. Chap. 709, 14 § 6011.
Personal property
1. Action to resolve dispute. If 2 or more persons claim
rights in, title to or possession of personal property, any claimant
may bring an action in District Court to resolve a dispute among the
claimants. [1995, c. 448, §4 (new).]
2. Evidence; discovery. When the plaintiff claimant
serves a copy of the complaint on the defendant claimants, the
plaintiff shall include with the complaint a copy of any security
instrument, bill of sale or other evidence of title. In the
court hearing, the plaintiff shall produce the best available
evidence under which the plaintiff claims an interest in the
personal property. The defendant then shall show why
possession of the property should not be delivered immediately to
the plaintiff. The District Court may provide for discovery on
an expedited schedule. [1995, c. 448, §4 (new).]
3. Court authority. The court has equitable power to
make all appropriate orders, including but not limited to turnover
orders, in relation to the personal property and the parties to the
action, to compel obedience to its judgment and orders. [1995, c.
448, §4 (new).]
4. Appeal. Any party may appeal within 30 days of the
judgment. Any issue triable by right by a jury may be appealed
to a trial de novo in the Superior Court. Security may be
required in accordance with the provisions of section 6008,
subsection 5. [1995, c. 448, §4 (new).]
5. Rules. The Maine Rules of Civil Procedure governing
forcible entry and detainer apply in actions under this section as
applicable. [1995, c. 448, §4 (new).]
6. Equity. The remedy provided in this section is a
remedy in equity and is in addition to and not in lieu of other
remedies. There is no right of removal. [1995, c. 448, §4
(new).] Chap. 709, 14 § 6012.
Property abandoned by tenant
Any property with a total value of $500 or
more that is abandoned or unclaimed by a tenant following the
tenant's vacating the rental unit must be disposed of according to
Title 33, chapter 41. [1997, c. 508, Pt. A, §3 (aff); Pt. B, §3 (amd).]
The landlord shall place in storage in a safe, dry, secured
location any property with a total value of less than $500 that is
abandoned or unclaimed by a tenant following the tenant's vacating
the rental unit. The landlord shall send written notice by
first class mail with proof of mailing to the last known address of
the tenant concerning the landlord's intent to dispose of the
abandoned property. The notice must include an itemized list of the
items and containers of items of property abandoned. If the
tenant claims the property within 14 days after the notice is sent,
the landlord shall continue to store the property for at least 10
days after the tenant's response to allow the tenant time to take
possession of the property. The landlord may condition the
release of the property to the tenant upon the tenant's payment of
all rental arrearages, damages and costs of storage. If the
property remains unclaimed after the 14th day after notice has been
sent or after the 10th day after the tenant claims the property, the
landlord may sell the property for a reasonable fair market price
and apply all proceeds to rental arrearages, damages and costs of
storage and sale. All remaining balances must then be
forwarded to the Treasurer of State. [1991, c. 265, §1 (amd).]
Chap. 709, 14 § 6013.
Remedies for illegal evictions
1. Illegal evictions. Except as permitted by Title 15,
chapter 517 or Title 17, chapter 91, evictions that are effected
without resort to the provisions of this chapter are illegal and
against public policy. Illegal evictions include, but are not
limited to, the following.
A. No landlord may willfully cause, directly or
indirectly, the interruption or termination of any utility service
being supplied to the tenant including, but not limited to, water,
heat, light, electricity, gas, telephone, sewerage, elevator or
refrigeration, whether or not the utility service is under the
control of the landlord, except for such temporary interruption as
may be necessary while actual repairs are in process or during
temporary emergencies. [1981, c. 428, §8 (new).]
B. No landlord may willfully seize, hold or otherwise
directly or indirectly deny a tenant access to and possession of the
tenant's rented or leased premises, other than through proper
judicial process. [1981, c. 428, §8 (new).]
C. No landlord may willfully seize, hold or otherwise
directly or indirectly deny a tenant access to and possession of the
tenant's property, other than by proper judicial process. [1981, c.
428, §8 (new).] [1995, c. 66, §1 (amd).]
2. Remedies. Upon a finding that an illegal eviction
has occurred, the court shall find one or both of the following.
A. The tenant is entitled to recover actual damages or
$250, whichever is greater. [1991, c. 666 (amd).]
B. The tenant is entitled to recover the aggregate
amount of costs and expenses determined by the court to have been
reasonably incurred on the tenant's behalf in connection with the
prosecution or defense of such action, together with a reasonable
amount for attorneys' fees. [1991, c. 666 (amd).] [1991, c. 666 (amd).]
3. Good faith. A court may award attorneys' fees to the
defendant if, upon motion and hearing, it is determined that an
action filed pursuant to this section was not brought in good faith
and was frivolous or intended for harassment only. [1981, c. 428, §8
(new).]
4. Nonexclusivity. The remedies provided in this
section are in addition to any other rights and remedies conferred
by law. [1981, c. 428, §8 (new).] Chap. 709, 14 § 6014.
Notice of rent increase
Rent charged for residential estates may be
increased by the lessor only after providing at least 30 days'
written notice to the tenant. A written or oral waiver of this
requirement is against public policy and is void. Any person in
violation of this section is liable for the return of any sums
unlawfully obtained from the lessee, with interest, and reasonable
attorneys' fees and costs. [1985, c. 293, § 4 (amd).] Chap. 709, 14
§ 6015.
Rent increase limitation
Rent charged for residential estates may not
be increased if the dwelling unit is in violation of the warranty of
habitability. Any violation caused by the tenant, his family, guests
or invitees shall not bar a rent increase. A written or oral waiver
of this requirement is against public policy and is void. Any person
in violation of this section shall be liable for the return of any
sums unlawfully obtained from the lessee, with interest and
reasonable attorneys' fees and costs. [1985, c. 293, § 5 (amd).]
Chap. 709, 14 § 6016.
SUBCHAPTER II
COMMERCIAL LANDLORDS AND TENANTS (HEADING: PL 1999, c. 192,
§2 (new))
Commercial leases
1. Definitions. As used in this subchapter, unless the
context otherwise indicates, the following terms have the following
meanings.
A. A "commercial tenancy" or "commercial
lease" means a nonresidential tenancy of premises by a
for-profit business entity. Nonprofit entities, charitable
institutions and religious organizations who are tenants may not be
construed to have commercial tenancies. [1999, c. 192, §2 (new).]
[1999, c. 192, §2 (new).]
2. Commercial lease relationship. Notwithstanding the
provisions of subchapter I, commercial landlords and tenants are
governed by the following provisions, and if any of the following
provisions conflict with provisions in any other statutes governing
the relationships between landlords and tenants, this section
controls all commercial lease relationships, whether written or
oral.
A. After termination of a commercial lease, and after a
complaint for forcible entry and detainer is filed, the defendants
shall, no later than the return date and as a condition of
maintaining a defense, appear on the return day to pay the
agreed-upon rent, including all arrears. If rent or arrears
are disputed, the disputed rent, including all claimed arrears, must
be paid to the court at the time of the hearing. In addition
to deciding the right of possession, the District Court shall also
decide the amount of rent owed, if disputed. In establishing
the amount of rent owed, the District Court may consider offsetting
claims to the extent appropriate. If undisputed, the rent and
arrears must be paid to the court prior to the hearing. Upon
final decision by the District Court, that court shall order such
sums as it determines proper to be turned over by the clerk to
either or both of the parties. Any order of the District Court
for payment of rent, whether to the landlord or to the court,
continues in effect through any appeal of the District Court's
decision. The landlord may apply for turnover of rent money
held by the court prior to final judgment by the District Court or
prior to final decision on appeal by the Superior Court, upon a
showing of hardship and reasonable likelihood of success on the
merits. Failure of the tenant to pay rent to the court when
due causes the writ of possession to issue immediately. [1999, c.
192, §2 (new).] [1999, c. 192, §2 (new).]
3. Right of possession on bond for damages. When
judgment is rendered for the plaintiff, a writ of possession may
issue immediately in the District Court or from the Superior Court
during appeal, if the plaintiff provides the defendant with a surety
bond conditioned to pay all such damages and costs as may be
suffered by the defendant if final judgment is rendered for the
defendant. In setting the amount of the required surety bond,
the court may consider any offsetting claims between the parties.
[1999, c. 192, §2 (new).]
4. Arbitration. A commercial landlord and tenant may
agree in their lease or in a separate agreement to arbitration of
disputes as to termination, the right of possession arising under
the lease between landlord and tenant and amounts owed for rent
before an arbitrator or arbitrators chosen in advance pursuant to
the lease or other written agreement. The decision of the
arbitrator is final. If the arbitrator rules in favor of the
landlord, the landlord may, by presentation of an attested copy of
the arbitrator's decision, and after docketing of the arbitrator's
decision by the Superior Court, immediately obtain a writ of
possession from the clerk of the Superior Court. The
arbitrator's decision may be stayed or appealed from only upon such
grounds as generally lie for stay or appeal of an arbitration
decision pursuant to the Uniform Arbitration Act, Title 14, section
5949. [1999, c. 192, §2 (new).]
5. Jury trial. A commercial landlord and tenant may
agree in the commercial lease or in a separate agreement to waive
jury trial of disputes arising under the lease. [1999, c. 192, §2
(new).]
6. Jurisdiction. The District Court has jurisdiction to
hear, decide and award rent and arrears allegedly owing, regardless
of the amount. [1999, c. 192, §2 (new).] Chap. 709, 14 §
6017.
Need
Help? Visit our free online discussion
forum
|