When the Landlord Retaliates

An eviction case is presumed to be retaliation if, within 6 months before it was filed, the tenant asserted rights under the rent increase or habitability sections, complained in good faith to a code enforcement body, asked the landlord in writing for required repairs, filed a fair housing complaint, or told the landlord the tenant or a child is a victim of abuse. No writ of possession issues unless the landlord rebuts it.

• The presumption does not apply to an eviction for one of the 7 day notice grounds or a lease violation, unless the tenant had used the repair and deduct rule.
• No writ issues when the tenant proves the case was brought in retaliation for belonging to a tenants' organization.
• A landlord's failure to give a reasonable accommodation for a disability that is linked to the conduct at issue is a defense.

• 14 M.R.S. § 6001StatuteAvailability of remedyOpens legislature.maine.gov ↗