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getting out of lease (Real Estate & Property Law)

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• Sat, 06 Oct 2001 17:30:00 GMT(1)
• Probably not, since the water was tested to be safe, so you will have to buy water filters.
  You can ALWAYS ask the landlord to spend money to fix this IF you agree to an increase in rent!
  and when you think about it....that really IS the cheaper alternative!
• Sat, 06 Oct 2001 17:50:00 GMT(2)
• From a Maine legal site:
  "Does my landlord have to keep my home safe and in decent condition?
  Yes. Maine law gives tenants an "implied warranty of habitability." This means that your landlord must promise that your home is safe and fit to live in.
  Examples of landlord violations:
  - undrinkable water
  - no heat or too little heat in the winter
  - a combination of problems, such as leaking ceilings, wet walls, unsafe heating system, broken windows, and lots of roaches
  What can I do if my home is not safe?
  Step One - Ask your landlord to fix the problem. If he does nothing, you may want to follow up with a written demand. Keep a copy of your letter.
  Step Two - Call your city hall or town office and ask about any housing codes that may apply to your building. If your town has a building code enforcement officer, you can ask him to look at your home and send the landlord a letter demanding that he fix any serious problems. If there is no building inspector, ask if there is a health inspector to look at your home and contact the landlord."
  "Can I fix the problem myself?
  Sometimes if a repair is not too major, you can "repair and deduct." You can fix the problem and deduct the cost of the repair from your next month's rent. Here are the rules:
  (1) Your problem must be one that makes your home unhealthy or unsafe. Examples:
  - no heat or not enough heat in the winter
  - unsafe drinking water
  - falling ceiling
  - unsafe wiring
  (2) You must be able to fix the problem for less than $25 or half of your monthly rent, whichever is greater. For example: If your rent is $6 per month, you can spend up to $3 to do the repair. If your rent is $4 , you can spend up to $25 .
  If the problem is lack of heat and you can fix the problem by buying heating fuel which the landlord had agreed to provide, then you can deduct the cost of the fuel. If the town pays your rent, the town can buy the fuel and deduct it from your next rent payment.
  (3) You, your family, or your guests did not cause the problem.
  (4) Before you fix the problem, you must write a letter to your landlord. Send the letter by certified mail, return receipt requested. In the letter, ask your landlord to fix the dangerous condition within 14 days (or sooner if it is an emergency). Tell him that if he does not do the repair, you will have it fixed and deduct the cost from your rent. If your landlord offers to fix the problem, then you must let him into your home to do the repair. See Landlord Entering Your Home.
  (5) If you have the work done, both the work and the materials must be of good quality. If your problem is with the heating, plumbing, or electricity, you must get a licensed worker to do the repairs.
  (6) After the work is done, send the landlord a copy of the bill. Keep the original bill. Then you can deduct the cost from your rent payment.
  Here are a few more "repair and deduct" limitations:
  - You cannot use "repair and deduct" if your landlord lives in your building and there are fewer than 5 apartments.
  - If you do the repairs yourself, you can deduct for parts and materials but not for your labor.
  Members of your immediate family cannot charge for labor either.
  - You cannot hold your landlord responsible if anyone gets hurt doing the repairs.
  Can I just refuse to pay my rent if my landlord won't fix things?
  No. You will risk eviction and can still be charged for the rent while you are living there. Talk to a lawyer before you decide to stop paying rent."
  Source: [url]http://www.ptla.org/tenants.htm#Unsafe or Unfit Housing
  You can view additional relevant material at:
  [url]http://www.state.me.us/ag/clg14.htm#14.18 (see 14.5) and
  [url]http://www.ptla.org/tenants.htm
  And finally, here is a copy of a letter you can fill in and deliver to your landlord:
  [url]http://www.state.me.us/ag/clg14.htm#14.18
  and here is a link to a PDF formatted version:
  [url]http://www.ptla.org/forms/repairanddeduct.pdf
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