Maine to require CFL manufacturers to recycle

The Maine Legislature has passed a bill that would make Maine the first state in the nation to require manufacturers of compact fluorescent light bulbs to set up recycling programs to keep mercury out of the environment.

The bill requires that a system be in place by 2011 for collecting and recycling the bulbs.

via WCSH6.com.

Hannaford Get Big Break

The federal court has rejected most of the claims against Hannaford supermarket relating to massive data breach.

A federal judge on Tuesday dismissed nearly all of the civil claims filed against Hannaford Bros. for the supermarket giant’s alleged failure to protect and notify consumers during an electronic data breach in late 2007 and early 2008.

Judge D. Brock Hornby ruled that the only consumers who will be allowed to proceed with the lawsuit are those who were not reimbursed by their banks for the fraudulent charges on their accounts.

Consumers who were simply inconvenienced or claimed to have suffered distress because of the data breach have no legitimate claims in this case, Hornby said in a 39-page ruling filed Tuesday afternoon at U.S. District Court. Essentially, the ruling on Hannaford’s motion to dismiss makes it unlikely that any class-action lawsuit will move forward.

– via Portland Press Herald.

Is Your Landlord Ripping You Off?

Maine law governs the relationship between landlords and tenants, with or without a lease. There are basic requirements that a landlord must meet when they rent an apartment or house to someone. Most of the standards that landlords must meet have to do with basic health and safety issues, such as ensuring that the rental unit is heated adequately. The law also governs how and when a person can be evicted from their apartment, and when the security deposit is to be returned.

Habitability

Landlord / tenant relationships are essentially contractual agreements. In exchange for your rent payments, the landlord needs to provide what you are paying for. If there is a lease (which you should always get), then the specifics of what is to be provided with the rental unit is spelled out. Beyond what is in the lease, or what was verbally promised, there are certain standards that landlord must meet. These standards ensure that the residence is “fit for habitation.”

There are several ways that a rental unit may not meet the legal standards of being fit for habitation. Obviously in Maine an unheated apartment or house can be a deadly situation, so that is the most serious concern. Other breaches of habitability include things such as water leaks, rodents, insect infestation, mold or severe odor problems. It is crucial though that you are not the cause of the problem you are complaining about.

If you feel that the rented house or apartment is not fit for habitation because of some problem, you must contact the landlord about it. It is always better to do this in writing, but you can also tell the person you give the rent to about the problems. If the repairs are not made you may not need to pay full rent. If you have informed the landlord of the problem, and they fail to fix it, then value of your rented property is less, so you may not have to pay the full amount.

If you have notified the landlord of the problems, and they are not resolved, your best option may be to stop paying full rent.  This provides an incentive to the landlord to fix the problem, which too often is what gets a landlord to make necessary repairs.  If you choose not to pay any rent, you should put this money aside to pay at a later date, because in most instances some money will be owed to the landlord.  If the landlord tries to evict you because you have not paid rent in this situation, you can fight it.

Eviction

When and how you can be evicted is another crucial aspect of renting a house or apartment. If you are not meeting your obligations, which usually means just paying rent, then the landlord can have you evicted. But there is a specific process that the landlord must follow before they can have the sheriff physically remove you. This process is designed to ensure that you are not being wrongly evicted.

The first step the landlord must take is to give you notice that they want you out. If you have not paid your rent, then they can give you a 7 day “notice to quit,” which just means they want you out in seven days. After the 7 day notice has expired, then the landlord must go to court to obtain a court ruling allowing him or her to remove you.

The landlord must serve you with court papers letting you know when the court date will be. If there are problems with the rental unit as described above, then you can go to court to object to the eviction.  If there is a good reason why you feel you should not be evicted, you can go to court to and try to explain that to the judge, or work it out with the landlord. If you do not go to court, the landlord will likely get a default judgment against you and immediately proceed with the process having you evicted.  If you don’t show up at court, you may be evicted in a matter of days.  If you have a legitimate reason for not paying rent, then you should go to court to fight the eviction.  Your landlord cannot change the locks or turn off the utilities before going to court – either of these actions would be considered an illegal eviction.

Note however, if your lease has expired (or there is a provision in the lease about termination), a landlord can evict you after giving you 30 days notice. Since it is their property they have the right to possess it, but they must still go through the process described above.  However, if the apartment was not fit for habitation when you lived there, then you may be able to recover part of the rent you paid (even after you have moved out).  But either way, until the landlord has obtain a “writ of possession,” which must be granted by the court, they cannot evict you.

Security Deposit

After you  move out of the rented house or apartment, if you paid a security deposit you should get it back.  Generally the landlord has 21 days to return it, or to provide a written explanation for why they are not returning it.  If they completely fail to return the deposit or provide a reason, you can go to small claims court to recover it.  You must give the landlord written notice at least 7 days notice before filing suit.  If your landlord is found to have wrongfully withheld the security deposit they can be liable for twice the amount withheld.

Don’t let your landlord take advantage of you!  If you have problems with your rented house or apartment, you should enforce your rights under the law.   If you need assistance doing so, get a lawyer.

NOTE: All situations are different.  If you are not sure of your rights under the law, you should contact an attorney.  The information above may not be relevant to your particular case, and may not help you.  This information is for educational purposes only, and is not legal advice.

Maine Passes Gay Marriage Law

Maine’s governor will sign the gay marriage bill that has passed the house and senate. Maine will be the 5th state to make gay marriage legal.

Update: 12:35 p.m.

Gov. John Baldacci says he will sign the gay marriage bill into law, making

Maine the fifth state to legalize same-sex marriage.

via Portland Press Herald / Maine Sunday Telegram.