§6024-A. Landlord failure to pay for utility service
1. Deduct from rent. If a landlord fails to pay for utility service in the name of the landlord, the tenant, in accordance with Title 35‑A, section 706, may pay for the utility service and deduct the amount paid from the rent due to the landlord.
[PL 2009, c. 566, §11 (NEW).]
2. Award damages. In addition to the remedy set forth in subsection 1, upon a finding by a court that a landlord has failed to pay for utility service in the name of the landlord, the court shall award to the tenant actual damages in the amount actually paid for utilities by the tenant or $100, whichever is greater, together with the aggregate amount of costs and expenses reasonably incurred in connection with the action. The court may also award to the tenant reasonable attorney's fees.
[PL 2009, c. 566, §11 (NEW).]
3. Presumption. In any action brought pursuant to subsection 2, there is a rebuttable presumption that the landlord knowingly failed to pay for the utility service. If the landlord rebuts this presumption, the landlord is liable to the tenant only for actual damages suffered by the tenant.
[PL 2009, c. 566, §11 (NEW).]
SECTION HISTORY
PL 1989, c. 87, §1 (NEW). PL 2009, c. 566, §11 (RPR).
Structure Maine Revised Statutes
TITLE 14: COURT PROCEDURE -- CIVIL
Part 7: PARTICULAR PROCEEDINGS
14 §6021. Implied warranty and covenant of habitability
14 §6021-A. Treatment of bedbug infestation
14 §6022. Receipts for rent payments and security deposits
14 §6024. Heat and utilities in common areas
14 §6024-A. Landlord failure to pay for utility service
14 §6026. Dangerous conditions requiring minor repairs
14 §6026-A. Municipal intervention to provide for basic necessities
14 §6027. Discrimination against families with children prohibited (REPEALED)
14 §6028. Penalties for late payment of rent
14 §6029. Discrimination based on general assistance escrow accounts prohibited (REPEALED)
14 §6030-A. Protection of rental property or tenants
14 §6030-B. Environmental lead hazards
14 §6030-C. Residential energy efficiency disclosure statement
14 §6030-F. Firearms in federally subsidized housing
14 §6030-G. Injuries or property damage involving an assistance animal