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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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would provide a lessor the right to maintain a forcible entry and detainer action against a tenant holding under a written lease, without specifying the breach which triggers the right. The plaintiffs argue it can be logically inferred from section 6001 that the right to maintain a forcible entry and detainer action arises when a tenant holding under a written lease breaches a material, essential, and substantial term of the lease, such as the obligation to tender rent. Were we to believe that the various clauses within section 6001 are independent, we would be inclined to agree. The legislative history of section 6001, as well as common sense, however, dictates a contrary result.