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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Belanger v. Mulholland, 30 A.3d 836 (2011)

Citation
Belanger v. Mulholland, 30 A.3d 836 (2011)
Parent Document
Belanger v. Mulholland, 30 A.3d 836 (2011)
Jurisdiction
Maine (state)
Effective Date
2011-11-08

Full Text

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The court also found that (1) the lack of water and a functioning toilet “were of sufficient magnitude as to ‘materially impair the health or safety’ of the Belan-gers”; and (2) “the Belangers endured deplorable conditions during this period of time.” As the court later clarified, it “concluded that the combination of lack of water and lack of functioning toilet were ... ‘together sufficient’ to constitute a breach” of the implied warranty of habitability. Finding that these conditions existed together for five months, the court awarded the Belangers $2500 (five months’ rent) based on the unrebutted statutory presumption that the fair value of their use of the trailer was equal to their rental amount. See 14 M.R.S. § 6021(4)(B).