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3. Presumption of retaliation. In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant...
...The rebuttable presumption of retaliation does not apply unless the tenant asserted that tenant's rights pursuant to this section prior to being served with the eviction notice. There is no presumption of retaliation if the action for forcible entry...
A writ of possession may not issue in the absence of rebuttal of the presumption of retaliation.
4. Membership in tenants' organization. No writ of possession may issue when the tenant proves that the action of forcible entry and detainer was commenced in retaliation for the tenant's membership in an organization concerned with landlord-tenant relationships.
If an action of forcible entry and detainer is brought for any reason set forth in section 6002, subsection 1 or for violation of a lease provision, the presumption of retaliation does not apply, unless the tenant has asserted a...
The Court’s opinion correctly demonstrates that the District Court Judge erred in finding that no presumption of retaliation arose. Whatever motivated the tenant’s original complaint, the landlord also received a notice of Municipal Code Violation, showing that the...
The Court's opinion correctly demonstrates that the District Court Judge erred in finding that no presumption of retaliation arose. Whatever motivated the tenant's original complaint, the landlord also received a notice of Municipal Code Violation, showing that the...
Returning to the retaliation issue, we first determine that the District Court erred by finding the statutory presumption of retaliation inapplicable based upon the defendant’s lack of good faith in complaining to the Lewiston code enforcement body. The statute...
Returning to the retaliation issue, we first determine that the District Court erred by finding the statutory presumption of retaliation inapplicable based upon the defendant's lack of good faith in complaining to the Lewiston code enforcement body. The statute...
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...
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...
[¶ 5] At the hearing, Budman testified that he suspected that the eviction proceeding may have been brought in retaliation for his earlier complaint to the manager of the apartments:
14 M.R.S.A. § 6001(3)(B) (Supp.1984). “No writ of possession may issue in the absence of rebuttal of the presumption of retaliation.” 14 M.R.S.A. § 6001(3) (Supp.1984).
14 M.R.S.A. § 6001(3)(B) (Supp.1984). "No writ of possession may issue in the absence of rebuttal of the presumption of retaliation." 14 M.R.S.A. § 6001(3) (Supp.1984).
Town of York v. Cragin 541 A.2d 932 Date filed: 1988-05-26 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/1919219/town-of-york-v-cragin/ --- 020lead by Wathen ---
14 M.R.S.A. § 6001(3)(B) (2003). The statute further provides that “[n]o writ of possession may issue in the absence of *339 rebuttal of the presumption of retaliation.” Id. § 6001(3).
Town of Madawaska v. Richard Cayer 2014 ME 121 Date filed: 2014-11-04 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/2747905/town-of-madawaska-v-richard-cayer/ --- 010combined by Alexander ---
[¶ 11] Subsection (B) of section 6001(3) provides that there is a rebuttable presumption of retaliation against a tenant if in the six months prior to the commencement of the forcible entry and detainer action, the tenant:
...A presumption of retaliation by the landlord arises, however, if, within six months prior to the commencement of the action, the tenant has:
...A presumption of retaliation by the landlord arises, however, if, within six months prior to the commencement of the action, the tenant has: