1.
Notice of condition.
The tenant, without unreasonable delay, gave to the landlord or to the person who customarily collects rent on behalf of the landlord written notice of a condition which rendered the rented premises unfit for human habitation;
[PL 1977, c. 401, §3 (NEW).]
2.
Cause of condition.
The condition was not caused by the tenant or another person acting under his control;
[PL 1977, c. 401, §3 (NEW).]
3.
Failure to take steps.
The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and
[PL 1979, c. 127, §112 (RPR).]
4.
Rental payments current.
The tenant is current in rental payments owing to the landlord at the time written notice was given.
[PL 1979, c. 127, §112 (RPR).]
Then the court shall deduct from the amount of rent due and owing the difference between the rental price and the fair value of the use and occupancy of the premises from the time of written notice, as provided in
subsection 1, to the time when the condition is repaired or remedied. In determining the fair value of the use and occupancy of the premises, there is a rebuttable presumption that the rental price is the fair value of the rented premises free from any condition rendering it unfit for human habitation. Any agreement by a tenant to waive the rights or benefits provided by this section is void. A written agreement whereby the tenant accepts specified conditions that may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration is binding on the tenant and the landlord.