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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rubin v. Josephson, 478 A.2d 665 (1984)

Citation
Rubin v. Josephson, 478 A.2d 665 (1984)
Parent Document
Rubin v. Josephson, 478 A.2d 665 (1984)
Jurisdiction
Maine (state)
Effective Date
1984-06-04

Other Sections in This Document (67)

Full Text

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On November 17, 1982, the defendant moved to dismiss the complaint. The defendant asserted the court was precluded from issuing a writ of possession of the premises because the complaint contained no allegation that the lease had been terminated or forfeited, and the lease contained no proyision relating to termination or forfeiture for reason of nonpayment of rent. Subsequently, the defendant filed an answer to the complaint in which she admitted being over fourteen days in arrears in rent, but asserted such failure was excused. Three affirmative defenses were raised: the plaintiffs had breached the lease by failing to repair the premises as required; the condominium was damaged to an extent rendering it unfit for occupation as anticipated in the lease; and the plaintiffs had breached the covenant of habitability set forth in 14 M.R.S.A. § 6021 (1980 and Supp.1983-1984).