§6021. Implied warranty and covenant of habitability
1.
Definition.
As used in this section, the term "dwelling unit" shall include mobile homes, apartments, buildings or other structures, including the common areas thereof, which are rented for human habitation.
[PL 1977, c. 401, §4 (NEW).]
2.
Implied warranty of fitness for human habitation.
In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation.
[PL 1977, c. 401, §4 (NEW).]
3.
Complaints.
If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint against the landlord in the District Court or Superior Court. The complaint shall state that:
A.
A condition, which shall be described, endangers or materially impairs the health or safety of the tenants;
[PL 1977, c. 401, §4 (NEW).]
B.
The condition was not caused by the tenant or another person acting under his control;
[PL 1977, c. 401, §4 (NEW).]
C.
Written notice of the condition without unreasonable delay, was given to the landlord or to the person who customarily collects rent on behalf of the landlord;
[PL 1977, c. 401, §4 (NEW).]
D.
The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and
[PL 1977, c. 401, §4 (NEW).]
E.
The tenant was current in rental payments owing to the landlord at the time written notice was given.
[PL 1977, c. 401, §4 (NEW).]
The notice requirement of
paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord.
[PL 1977, c. 401, §4 (NEW).]