10 §9097-A. Unfair rental contracts - Maine Statutes

Title 10: COMMERCE AND TRADE

Part 11: HOUSING

Chapter 953: REGULATION OF MOBILE HOME PARKS; LANDLORD AND TENANT HEADING: PL 1989, C. 104, PT. B, §1 (RPR)

§9097-A. Unfair rental contracts

1. Illegal waiver of rights. It is an unfair and deceptive trade practice in violation of Title 5, section 207 for a park owner or operator to use a rental agreement or rule that has the effect of waiving a tenant right established in chapter 953 and, if applicable to mobile home park tenants, Title 14, chapters 709, 710 and 710-A. This subsection does not apply when the law specifically allows the tenant to waive a statutory right during negotiations with the park owner or operator.

[ 1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF) .]

2. Unenforceable provisions. The following rental agreement or rule provisions are specifically declared to be unenforceable and in violation of Title 5, section 207:

A. Any provision that absolves the park owner or operator from liability for the negligence of the park owner or operator or the agent of the park owner or operator; [1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF).]

B. Any provision that requires the tenant to pay the legal fees of the park owner or operator in enforcing the rental agreement; [1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF).]

C. Any provision that requires the tenant to give a lien upon the tenant's property, including a tenant's mobile home, for the amount of any rent or other sums due the park owner or operator; and [1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF).]

D. Any provision that requires the tenant to acknowledge that the provisions of the rental agreement, including tenant rules, are fair and reasonable. [1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF).]

[ 1991, c. 361, §1 (NEW); 1991, c. 361, §3 (AFF) .]

SECTION HISTORY

1991, c. 361, §1 (NEW). 1991, c. 361, §3 (AFF).