Murphy v. Hains

• Court: Superior Court of Maine
• Decided: April 10, 2001
• Docket: CUMap-00-098
• Status: Unpublished

Opinion

STATE OF MAINE reer hte SUPERIOR COURT CUMBERLAND, ss RE eh ae CIVIL ACTION ma 0 PSE DOCKET NO. AP-00-098 LOUISE MURPHY, Plaintiff vs. DECISION AND ORDER ROBERT HAINS,

Defendant

The defendant appeals the decision of the District Court in this forcible entry and detainer action. The court determined that the plaintiff was entitled to

possession of both apartments but not to the storage area. The lease for apartment #2 expired at noon on 12/30/99. The lease for

apartment #3 expired at noon on 9/30/00. The notice to quit was served for both apartments on 9/1/00 with a termination date of 10/1/00. The defendant argues that the notice of termination for apartment #3 was defective because it was served prematurely and because it did not contain required statements identified in the lease agreements.

Based on the transcript of the hearing dated 10/18/00, the District Court's findings of fact and conclusions of law, and the submissions of the parties, the court concludes that the District Court was correct in determining that any procedural

errors did not require dismissal of the complaint and that the plaintiff rebutted the

1The court incorrectly found that both leases expired at midnight, 9/30/00. Findings of Fact and Conclusions of Law, { 1.

+ 4 a fo? Arn 10 8 ys JH ‘Ol MM CuM~ 44 /10/9:00| .

—— presumption that the eviction was retaliatory. See 14 M.RS.A. §§ 6001 & 6002 (Supp. 2000); Transcript at 9, 11-13, 17, 28-29; 14. The District Court was incorrect in

determining that the notice to quit with regard to apartment #3 was sufficient to .

terminate that tenancy. See 14 M.R.S.A. § 6002; Fisher v. Nelke2, 114 Me. 112, 114-15,

95 A. 508, 509-10 (1915); Transcript at 16. The entry is

With regard to Apartment #2 at 14 Taylor St., Portland, Maine, the Defendant's Appeal is DENIED and the Decision of the District Court is AFFIRMED. With regard to Apartment #3 at 14 Taylor St., Portland, Maine, the Defendant’s Appeal is SUSTAINED and the Decision of the District Court is REVERSED. Case REMANDED to the

District Court for further proceedings consistent with this Order.

Dated: April 9, 2001 ncy Mills Justice, Superior Co

2This case was based on R. S. ch. 96, § 2 (1903), the predecessor to 14 M.R.S.A. § 6002. In 1971, the statute was amended to replace the phrase “[t]enancies at will may be determined” with “[t]enancies at will may be terminated.” See P. L. 1971, ch. 322, § 1.

2? Date Filed 12~-7-00 ' __ CUMBERLAND « Deockeet No. __ APOO-98

County

Action ___ DISTRICT COURT APPEAL - FED

LOUISE ¥V. MURPHY ROBERT HAINS

V5. Plaintiff's Attomey Defendant’s Attomey NICHOLAS WALSH ESQ DAVID VAN BAARS ESQ 111 Commercial Street 11 Lisbon Street Portland ME 04101 Lewiston ME 04240

Date of

ately