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Maine Rent Abatement Clause Providing for a Landlord Remedy and Damages

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This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.

A rent abatement clause providing for a landlord remedy and damages is a crucial provision in a lease agreement that allows a landlord to seek remedies and compensation when certain damages or issues occur within a rental property. In the context of Maine, there are various types of rent abatement clauses that landlords may include in their agreements to protect their interests and ensure the proper maintenance of their properties. 1. Basic Rent Abatement Clause: The basic rent abatement clause in Maine allows a landlord to withhold or reduce the rent amount if the tenant fails to fulfill their responsibilities, such as maintaining the property, paying rent on time, or violating the lease terms. This clause provides the landlord with a remedy to address any issues and potential damages caused by the tenant. 2. Repair and Maintenance Clause: A repair and maintenance rent abatement clause provides the landlord with the right to abate the rent if the tenant fails to promptly notify the landlord of necessary repairs or fails to carry out their own maintenance obligations. The clause enables the landlord to ensure that damages caused by the tenant's neglect or improper use are addressed promptly while ensuring fair compensation. 3. Act of God Clause: An act of God rent abatement clause is applicable in situations where the property becomes uninhabitable due to natural disasters or unforeseen circumstances beyond the tenant or landlord's control, such as floods, fires, or earthquakes. This clause allows the landlord to suspend or reduce rent while vital repairs or restoration work is being conducted. 4. Implied Warranty of Habitability Clause: In Maine, an implied warranty of habitability is present by default in residential leases. This means that rental properties must meet certain standards of safety and livability. If a landlord fails to meet these obligations, the tenant may be entitled to rent abatement or even termination of the lease agreement, depending on the severity of the violation. 5. Noncompliance with Health and Safety Regulations Clause: This type of rent abatement clause stipulates that if the property does not comply with local health and safety regulations, the tenant has the right to withhold rent until the necessary improvements or repairs are made. The clause provides the tenant with protection against living in substandard conditions while encouraging the landlord to maintain the property in compliance with legal requirements. It is essential for landlords and tenants in Maine to thoroughly understand the specific rent abatement clauses incorporated into their lease agreements. Landlords should carefully draft these clauses to protect their property and financial interests, while tenants should be acquainted with their rights and obligations to ensure a harmonious and fair rental experience.

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FAQ

If the landlord increases rent more than once in a 12-month period, and the increases add up to a total increase of 10% or more, the landlord must provide at least 75 days' written notice prior to any increase that brings the total increase in rent to 10% or more.

A landlord must give you adequate notice before you are evicted or your rent is increased. The landlord cannot abuse your security deposits. Tenants always have a right to a court hearing before the landlord can evict them. Unfair rental contracts can be in violation of the Maine Unfair Trade Practices Act.

[PL 1999, c. 23, §2 (AMD).] 4-A. As used in this section, "strict liability crime" means a crime that, as legally defined, does not include a culpable mental state element with respect to any of the elements of the crime and thus proof by the State of a culpable state of mind as to that crime is not required.

Either the landlord or the tenant can choose to end the lease if the other party has "materially breached" the lease. This requires a written 7-day notice, served in-hand, or, after 3 good faith efforts, mailed by first class mail, with a copy left at the other party's home.

A perpetrator of domestic violence, sexual assault or stalking that occurs in a residential rental property against a tenant of the property, household member or a tenant's guest is liable to the tenant for the tenant's damages as a result of the domestic violence, sexual assault or stalking regardless of whether or ...

Whoever demands or collects an unreasonable or unjust rent or charge, taking into due consideration the actual market value of the property at the time, with a fair return thereon, or imposes an unreasonable or unjust term or condition, for the occupancy of a mobile home park lot or of any building or any part thereof, ...

If a tenant unjustifiably moves from the premises prior to the effective date for termination of the tenant's tenancy and defaults in payment of rent, or if the tenant is removed for failure to pay rent or any other breach of a lease or tenancy at will agreement, the landlord may recover rent and damages except amounts ...

If, after you provide adequate notice, your landlord fails to make important repairs in your dwelling unit, Maine gives you the right to "repair and deduct" by paying for the repairs yourself and withholding that amount from your rent payment.

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25 Oct 2018 — This seminar examines remedies when the lease is breached. Often landlords and tenants believe they have an “iron clad” remedy to come to ... A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated ...21 May 2004 — If the tenant still fails to claim the property, the landlord may sell and apply the proceeds to unpaid rent, damages and costs for storage and ... The first month's Base Rent for the Premises and the Security Deposit shall be due and payable on delivery of a Tenant-executed copy of this Lease to Landlord; ... The easiest way to edit Rent Abatement Clause Providing for a Landlord Remedy and Damages in PDF format online · Sign in to your account. · Import a document. 30 Nov 2011 — Our Maine statutes set forth many specific rights and obligations for persons who rent apartments or homes. You are protected from unfair ... by OL Browder · Cited by 119 — A claim for damages sustained by a tenant may be asserted in a summary proceeding for possession brought by the landlord for nonpayment of rent. Page 16. 112. by SG Flynn · 2000 · Cited by 26 — proving that the efforts of the landlord were not reasonable, that the landlord's refusal of any offer to rent the premises or a part thereof was not. Cited by 203 — provide for the purchase of insurance to cover property damage, the courts are least ... contract remedies as damages, rescission, and rent abatement. 89 In. by L Berger · Cited by 38 — But if specific performance were not available and the tenant's only remedy for breach were damages in the form of rent abate-. 156. Id. at 98-126. 157. This ...

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Maine Rent Abatement Clause Providing for a Landlord Remedy and Damages