Perreault v. Parker, 490 A.2d 203 (1985)

Citation: Perreault v. Parker, 490 A.2d 203 (1985)
Parent Document: Perreault v. Parker, 490 A.2d 203 (1985)
Jurisdiction: Maine (state)
Effective Date: 1985-03-29
Original Source: https://www.courtlistener.com/opinion/2317231/perreault-v-parker/ ↗

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We also determine, however, that, although the presumption of retaliation did arise in this case, the plaintiff successfully rebutted it. See 14 M.R.S.A. § 6001(3) (Supp.1984). "[A] presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence." M.R.Evid. 301(a). In this case, therefore, the plaintiff had to show that the nonexistence of a retaliatory motive for the eviction was more probable than its existence. The trial court found that the plaintiff rebutted the presumption of retaliation by establishing that the basis for the eviction was the defendant's refusal to pay the agreed rent in full. Although not free from doubt, this finding is not clearly erroneous on the record before us.[6]See Harmon v. Emerson, 425 A.2d 978, 981-82 (Me.1981). Because the plaintiff rebutted the presumption of retaliation by establishing a non-retaliatory *207 motive for the eviction, section 6001(3) presented no bar to the issuance of a writ of possession. We therefore deny the appeal. The entry is: Judgment affirmed.

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