Tenants, landlords must understand responsibilities

With the coming of autumn and an influx of college students, the annual “musical apartment ballet” begins.

And weeks or months after the dance, COMBAT invariably begins to receive tenant-landlord disputes.

It is best to understand some of your basic rights and responsibilities before you get in, as the following example describes, hot (or no) water.

A Bangor woman was renting from a landlord who unexpectedly said she must move because he needed the apartment for his son. The woman told us that as a means to pressure her, the landlord increased her rent by $50.

The tactic worked. She told the landlord that she could not afford the increase and began hunting for another apartment. To pressure her further, the landlord turned off her hot water a few days later.

When the woman called, she was frantic. But we explained that the landlord must give her a dated, 30-day written notice to evict, if she had no written lease. If there is a lease, a landlord cannot evict until the lease expires, or unless the tenant has broken a significant lease term and the lease itself states that violation of that term is a breach of the lease.

In general, if there is no written lease a landlord may evict a tenant for no reason at all so long as she or he serves a written notice a full 30 days before the date on which the rent is due.

Whether the tenant has a written lease or a verbal agreement (month-to-month tenancy), a tenant cannot be forcibly evicted from a rental unit without first receiving a written “notice to quit” supported by a formal a court order.

Bangor and most communities have housing codes and regulations that govern a landlord’s obligation to keep rental properties safe and in a good state of repair. The codes require adequate light, heat, ventilation, sanitation and space for the occupants of the building.

A housing code is not the same as a building code, so don’t confuse the two. A building code regulates structural standards such as the specifications of material used in the construction of a building. A housing code is a certified list of building regulations pertaining to safe and healthy living standards that all rental dwellings are required to meet. Housing codes recognize the need to fairly regulate housing conditions and landlord-tenant relationships.

In the case above, the landlord was in violation of the housing code since his tenant was entitled to hot water. COMBAT contacted the landlord and he agreed that the hot water would be turned back on until his tenant moved.

If you would like a copy of rules and regulations that govern landlord-tenant issues in Maine, write COMBAT, 109 State St., Bangor, ME 04401. Include your full name and mailing address and a check or money order made out to COMBAT (never send cash through the mail) for $2 postage and handling.

You may prefer to join COMBAT. Your $25 membership entitles you to receive requested information for free.

The Maine Center for the Public Interest is experiencing a rapid growth in demand and a need for volunteers to help. We are seeking: mediators (we will train), writers (consumer issues and education), researchers, secretarial support, data entry and information management (MIS) help, Internet and Web site development experience, and people with fundraising experience. The work is exciting, challenging, and rewarding. If you want to make a serious difference in your community, state and country, and have skills in any of these areas, call 947-3331 to request a list of volunteer opportunities and arrange an interview.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast COMBAT/The Maine Center for the Public Interest, Maine’s membership-funded nonprofit consumer organization. For help or to request individual or business membership information write: Consumer Forum, Bangor Daily News, PO Box 1329, Bangor 04402-1329.