LD 1008
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LD 1008 Title Page An Act To Clarify When Notice is Effective to Terminate a Tenancy at Will LD 1008 Title Page
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LR 846
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 14 MRSA §6002, first ¶, as amended by PL 1995, c. 208, §1, is
further amended to read:

 
Tenancies at will must be terminated by either party by a
minimum of 30 days' notice, except as provided in subsection
1, in writing for that purpose given to the other party, but
if the landlord or the landlord's agent has made at least 3
good faith efforts to serve the tenant, that service may be
accomplished by both mailing the notice by first class mail to
the tenant's last known address and by leaving the notice at
the tenant's last and usual place of abode. In cases when the
tenant, if liable to pay rent, is not in arrears at the
expiration of the notice, the 30 days' notice must be made to
expire upon the date rent is due has paid rent through the
date when a 30-day notice would expire, the notice must expire
on or after the date through which the rent has been paid.
Either party may waive in writing the 30 days' notice at the
time the notice is given, and at no other time prior to the
giving of the notice. A termination based on a 30-day notice
is not affected by the receipt of money, whether previously
owed or for current use and occupation, until the date a writ
of possession is issued against the tenant during the period
of actual occupancy after receipt of the notice. When the
tenancy is terminated, the tenant is liable to the process of
forcible entry and detainer without further notice and without
proof of any relation of landlord and tenant unless the tenant
has paid, after service of the notice, rent that accrued after
the termination of the tenancy. These provisions apply to
tenancies of buildings erected on land of another party.
Termination of the tenancy is deemed to occur at the
expiration of the time fixed in the notice.

 
SUMMARY

 
This bill provides that a tenant is entitled to occupancy
through the date for which rent has been paid, but a notice to
vacate on any day after such a date will still be effective so
long as it is given at least 30 days in advance. Current law
requires the 30 days' notice to expire upon the date rent is
due.


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