Skip to main content
No photo

William Reiff’s Answers

1 total

  • State of maine--facing eviction court in 2 days. I have half of what's owed to give. child and her mom live with me my fiance.

    I am now employed vs unemployed before when this eviction began. landlord won't negotiate i own the trailer it's a lot rent arrears. Do i stand a chance of getting judge not to evict, and give me time to finish paying it as my situation i can show...

    William’s Answer

    If you have a written lease for the lot then you need to review the lease to see what the default provisions entail.
    If you do not have a lease then you are an 'at will' tenant and may be evicted for non payment of rent if the landlord follows the procedures set out in Title 14 Sec 709. Under that section the Judge has the option of referring your problem to a mediator who will try and work something out with the two of you. If the landlord does not participate in good faith in the mediation process then you (and the mediator) can point that out to the Judge who can then impose whatever he thinks is fair, including throwing the landlord out of court. The mediation process would probably require a continuation of the FE &D hearing and in Maine that will likely give you another month before the Court would set a hearing on the merits.
    If you lose at the hearing and the landlord is given a writ of possession it would not be issued until three days after the hearing. If you pay the amount owed on the rent and the landlord's costs of the filing of the FE &D before the writ is issued then it is void and he can not evict you and you can stay.
    To sum up. You get to try the case and if the landlord looses on some technical ground then he will have to start over and when he starts over he will have to give you the notice with the 7 day cure clause in it during which time he will have to accept your money (if you have it then) and give up on the eviction. If you lose you have three more days within which to come up with the rent and costs. Or at the hearing your recent employment being a source of funds may convince the Court to require a compromised outcome of payment on the arrearage etc.
    Good luck

    Bill Reiff, Mount Desert, Maine

    See question