§6030. Unfair agreements
1. Illegal waiver of rights. It is an unfair and deceptive trade practice in violation of Title 5, section 207 for a landlord to require a tenant to enter into a lease or tenancy at will agreement for a dwelling unit, as defined in section 6021, in which the tenant agrees to a provision that has the effect of waiving a tenant right established in chapter 709, this chapter or chapter 710‑A. This subsection does not apply when the law specifically allows the tenant to waive a statutory right during negotiations with the landlord.
[PL 2009, c. 566, §16 (AMD).]
2. Unenforceable provisions. The following lease or tenancy at will agreement or rule provisions for a dwelling unit, as defined in section 6021, are specifically declared to be unenforceable and in violation of Title 5, section 207:
A. Any provision that absolves the landlord from liability for the negligence of the landlord or the landlord's agent; [PL 1991, c. 361, §2 (NEW); PL 1991, c. 361, §3 (AFF).]
B. Any provision that requires the tenant to pay the landlord's legal fees in enforcing the lease or tenancy at will agreement; [PL 2009, c. 566, §16 (AMD).]
C. Any provision that requires the tenant to give a lien upon the tenant's property for the amount of any rent or other sums due the landlord; and [PL 1991, c. 361, §2 (NEW); PL 1991, c. 361, §3 (AFF).]
D. Any provision that requires the tenant to acknowledge that the provisions of the lease or tenancy at will agreement, including tenant rules, are fair and reasonable. [PL 2009, c. 566, §16 (AMD).]
[PL 2009, c. 566, §16 (AMD).]
3. Exception. Notwithstanding subsection 2, paragraph B, a lease or tenancy at will agreement or rule provision that provides for the award of attorney's fees to the prevailing party after a contested hearing to enforce the lease or tenancy at will agreement in cases of wanton disregard of the terms of the lease or tenancy at will agreement is not in violation of Title 5, section 207 and is enforceable.
[PL 2009, c. 566, §16 (AMD).]
SECTION HISTORY
PL 1991, c. 361, §2 (NEW). PL 1991, c. 361, §3 (AFF). PL 1991, c. 704 (AMD). PL 2009, c. 566, §16 (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