Maine § 14 §6001 Availability of remedy

Maine Statutes

§ 14 §6001 — Availability of remedy

Maine·Title 14 COURT PROCEDURE -- CIVIL·Part 7 PARTICULAR PROCEEDINGS·Ch. 709 ENTRY AND DETAINER

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 manufactured housing owners and tenants pursuant to Title 10, chapter 951, subchapter 6. When there are multiple occupants of an apartment or residence, the process of forcible e

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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 manufactured housing owners and tenants pursuant to Title 10, chapter 951, subchapter 6. 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.
1-A.
Foreclosure.
A bona fide tenancy in a building for which a foreclosure action brought pursuant to either section 6203‑A or 6321 is pending or for which a foreclosure judgment has been entered may be terminated only pursuant to the provisions of the federal Protecting Tenants at Foreclosure Act of 2009, Public Law 111-22, Sections 701 to 704.
1-B.
Residential lease without termination or notice language.
If a written residential lease or contract does not include a provision to terminate the tenancy or does not provide for any written notice of termination in the event of a material breach of a provision of the written residential lease or contract, either the landlord or the tenant may terminate the written residential lease or contract pursuant to this subsection.
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.
3.
Presumption of retaliation.
In any action of forcible entry and detainer there is a rebuttable 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:
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.
5.
Affirmative defense.
A tenant may raise the affirmative defense of failure of the landlord to provide the tenant with a reasonable accommodation pursuant to Title 5, chapter 337 or the federal Fair Housing Act, 42 United States Code, Section 3604(f)(3)(B). The court shall deny the forcible entry and detainer and not grant possession to the landlord if the court determines that the landlord has a duty to offer a reasonable accommodation and has failed to do so and there is a causal link between the accommodation requested and the conduct that is the subject of the forcible entry and detainer action.
6.
Domestic violence, sexual assault and stalking.
This subsection applies to incidents involving domestic violence, sexual assault or stalking.
7.
Notice to quit; form notice required.
Beginning January 1, 2024, a landlord shall attach to a notice to terminate tenancy served upon a tenant the form notice posted on the publicly accessible website of the judicial branch in accordance with section 6004, subsection 2.
8.
(REALLOCATED FROM T. 14, §6001, sub-§7) Service of notice.
If a notice served pursuant to this section, section 6002, section 6025 or Title 10, section 9097 is served by a person authorized to make service under section 702 or 703, that notice is admissible in evidence for the purpose of proving service occurred and the person who provided service may attend the court hearing remotely if that person is required to testify to the service of the notice.

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Legislative History

PL 1971, c. 322, §1 (AMD). PL 1977, c. 401, §2 (AMD). PL 1981, c. 428, §1 (RPR). PL 1985, c. 638, §4 (AMD). PL 1989, c. 484, §§1,2 (AMD). PL 1995, c. 60, §2 (AMD). PL 1995, c. 372, §1 (AMD). PL 2009, c. 566, §§1-3 (AMD). PL 2011, c. 122, §1 (AMD). PL 2011, c. 405, §§1, 2 (AMD). PL 2011, c. 420, Pt. D, §1 (AMD). PL 2011, c. 420, Pt. D, §6 (AFF). PL 2013, c. 324, §1 (AMD). PL 2015, c. 293, §§2-5 (AMD). PL 2015, c. 494, Pt. A, §10 (AMD). PL 2017, c. 210, Pt. B, §39 (AMD). PL 2017, c. 455, §3 (AMD). PL 2019, c. 351, §§2, 3 (AMD). PL 2023, c. 272, §§1, 2 (AMD). PL 2023, c. 379, §1 (AMD). PL 2023, c. 386, §1 (AMD). RR 2023, c. 1, Pt. A, §5 (COR). PL 2023, c. 594, §6 (AMD). PL 2023, c. 594, §13 (AFF). PL 2025, c. 139, §1 (AMD).