All rented housing must be fit for human habitation, which means it must be a reasonably safe and decent place to live. This is the Implied Warranty and Covenant of Habitability.[i] If there is a condition that makes rental housing unfit or unsafe, you can compel the landlord to fix the problem by bringing a lawsuit. For you to prevail in that lawsuit, all of the following must be true:
The condition must endanger or materially impair the health and safety of tenants.
The condition was not caused by you or a person under your control.
You have given the landlord reasonably prompt written notice of the problem and have allowed a reasonable amount of time to fix the problem. See the template notice created by Pine Tree Legal Assistance.
You are current in paying rent at the time of the notice to the landlord.
The landlord failed to fix the problem within a reasonable amount of time after notice.
If the condition can be repaired for less than $500 or an amount equal to half of the monthly rent (whichever is greater), you can correct it at the landlord’s expense.[ii] You must first provide written notice of your intention to correct the condition. If the landlord fails to correct it as promptly as necessary in the case of an emergency or within 14 days for non-emergencies, then you can make the repair or hire someone to make the repair, submit an itemized statement to the landlord, and deduct the actual and reasonable cost of the repair or the fair and reasonable value of the work from rent.
[i] 14 M.R.S.A. section 6021.
[ii] 14 M.R.S.A. section 6026.
Rental Housing Must Be Fit and Safe for Human Habitation- Heat