Maine § 10 §9097 Terms of rental agreement

Maine Statutes

§ 10 §9097 — Terms of rental agreement

Maine·Title 10 COMMERCE AND TRADE·Part 11 HOUSING·Ch. 953 REGULATION OF MOBILE HOME PARKS; LANDLORD AND TENANT

1.Eviction of tenant. A tenancy may be terminated by a park owner or operator only for one or more of the following reasons: 1-A. Retaliation. The court may not order the termination of any tenancy if the tenant proves that the eviction action is primarily in retaliation for: 1-B. Abandoned mobile home or manufactured housing. Manufactured housing that is abandoned or unclaimed by a tenant following the tenant's eviction in accordance with this section and section 9097‑B must be disposed of by a mobile home park owner or operator as follows. For purposes of this subsection, "manufactured housing" includes all housing described in section 9002, subsection 7 located in a land lease community or mobile home park.

2.Notice. A tenancy in a mobile home park may be terminated only by: 2-A. Noti

Free access — add to your briefcase to read the full text and ask questions with AI

1.
Eviction of tenant.
A tenancy may be terminated by a park owner or operator only for one or more of the following reasons:
1-A.
Retaliation.
The court may not order the termination of any tenancy if the tenant proves that the eviction action is primarily in retaliation for:
1-B.
Abandoned mobile home or manufactured housing.
Manufactured housing that is abandoned or unclaimed by a tenant following the tenant's eviction in accordance with this section and section 9097‑B must be disposed of by a mobile home park owner or operator as follows. For purposes of this subsection, "manufactured housing" includes all housing described in section 9002, subsection 7 located in a land lease community or mobile home park.
2.
Notice.
A tenancy in a mobile home park may be terminated only by:
2-A.
Notice to lienholders.
2-B.
Responsibilities of park operator and lienholder.
The responsibilities of the mobile home park operator and the holder of a lien on the tenant's mobile home are as follows.
3.
Fees.
The owner of a mobile home park or the owner's agents may not charge any fees to tenants other than charges for rent, utilities, reasonable incidental service charges, entrance fees or security deposits, unless otherwise provided for in the original lease or agreement. The owner of a mobile home park or the owner's agents may not charge any entrance fee, regardless of what that fee is called, to a tenant who is moving into a mobile home currently in the mobile home park that is greater than 2 times the amount of the monthly rent.
4.
Rules.
A mobile home park owner may adopt reasonable rules governing the conduct of tenants, if the rules are reasonably related to preserving the order and peace of other tenants and the mobile home park. A park rule may not be unreasonable, unfair or unconscionable. Any rule or change in rent that does not apply uniformly to all park tenants creates a rebuttable presumption that the rule or change in rent is unfair unless the rule or change in rent is made by majority vote of all the members in a resident-owned cooperative. Any park rule that does not comply with this section is void. For purposes of this subsection, "resident-owned cooperative" means a corporation or other legal entity that owns the mobile home park, the ownership interest in which is held only by residents of the mobile home park.
5.
Tenant to be given copy of rules and applicable laws.
Before any rental agreement is entered into, the owner must provide each tenant who resides in the park and all prospective tenants with:
6.
Enforcement.
In addition to any other remedy under this chapter, any mobile home park resident may sue to enforce any provision of this section and the court may award damages or grant injunctive or other appropriate relief.
7.
Waiver prohibited.
No lease or rental agreement, oral or written, may contain any provision by which the tenant waives any rights under this chapter. Any such waiver is contrary to public policy and unenforceable.
8.
Written or oral rental agreement.
Nothing in this section may be construed to permit a park owner or operator to vary the terms of a written or oral rental agreement without the express written consent of the tenant.
9.
Rental agreements involving children.
10.
Discrimination against tenants with children prohibited.
Discrimination against any tenant with children is prohibited in accordance with Title 5, chapter 337.
11.
Breach of warranty of habitability as an affirmative defense.
In an action brought by a mobile home park owner 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:
12.
Application; mobile homes owned by park.
If a park owner or operator owns a mobile home in the mobile home park and rents that mobile home, termination of the tenancy is governed by the terms of the lease. If there is no lease agreement, the tenancy is a tenancy at will and termination is governed by Title 14, section 6002.

Maine § 10 §9097 (Terms of rental agreement) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1987, c. 737, §§B1,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§B4-9,C8,10 (AMD). PL 1989, c. 650 (AMD). PL 1989, c. 652 (AMD). PL 1989, c. 662 (AMD). PL 1989, c. 687 (AMD). PL 1991, c. 738 (AMD). PL 1993, c. 180, §1 (AMD). PL 1993, c. 211, §1 (AMD). PL 1995, c. 365, §2 (AMD). PL 1997, c. 27, §1 (AMD). PL 1999, c. 207, §§2,3 (AMD). PL 1999, c. 287, §1 (AMD). PL 2005, c. 156, §1 (AMD). PL 2005, c. 683, §B7 (AMD). PL 2011, c. 127, §1 (AMD).