§6024. Heat and utilities in common areas
A landlord may not enter into a lease or tenancy at will agreement for a dwelling unit in a multi-unit residential building where the expense of furnishing heat or electricity or any other utility to the common areas or other area not within the unit is the sole responsibility of the tenant in that unit, unless both parties to the lease or tenancy at will agreement have agreed in writing that the tenant will pay for such costs in return for a stated reduction in rent or other specified fair consideration that approximates the actual cost of providing heat or utilities to the common areas. "Common areas" includes, but is not limited to, hallways, stairwells, basements, attics, storage areas, fuel furnaces or water heaters used in common with other tenants. Except as provided in this section, a written or oral waiver of this requirement is against public policy and is void. Any person in violation of this section is liable to the tenant for actual damages or $250, whichever is greater, and reasonable attorneys' fees and costs. In any action brought pursuant to this section, there is a rebuttable presumption that the landlord is aware that the tenant has been furnishing heat or utility service to common areas or other units. If the landlord rebuts this presumption, the landlord is required to comply with this section but is only liable to the tenant for actual damages suffered by the tenant. [PL 2009, c. 566, §10 (AMD).]
SECTION HISTORY
PL 1981, c. 176 (NEW). PL 1981, c. 400 (NEW). PL 1983, c. 480, §A10 (RAL). PL 1985, c. 638, §5 (AMD). PL 2009, c. 566, §10 (AMD).
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 Discrimination against families with children prohibited (REPEALED)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 Discrimination based on general assistance escrow accounts prohibited (REPEALED)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