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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Union River Associates v. Budman, 2004 ME 48 (2004)

Citation
Union River Associates v. Budman, 2004 ME 48 (2004)
Parent Document
Union River Associates v. Budman, 2004 ME 48 (2004)
Jurisdiction
Maine (state)
Effective Date
2004-04-08

Other Sections in This Document (49)

Full Text

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If the tenant raises a reasonable accommodation defense, as with any other defense, the court should consider both the landlord’s claim and the tenant’s defense and either grant or deny the forcible entry and detainer. If the court determines that the landlord has a duty to offer a reasonable accommodation and has failed to do so, then the court should deny the forcible entry and detainer and not grant possession to the landlord. If, however, the court determines that the landlord is otherwise entitled to possession and either has no duty to offer a reasonable accommodation or has, in fact, offered a reasonable accommodation, then the court should grant the forcible entry and detainer. Maheux,