Belanger v. Mulholland

Summary

The Maine Supreme Judicial Court held that a landlord's failure to provide running water rendered a year-round rental dwelling unfit for human habitation under Maine's implied warranty of habitability statute. The court modified the judgment to award the tenants an additional $2,000 in damages for the four months they lacked running water and otherwise affirmed.

Holdings

1. The lack of running water in the Belangers' year-round dwelling, without extraordinary efforts by the tenants to haul water, was a condition that endangered or materially impaired their health or safety and rendered the trailer unfit for human habitation under 14 M.R.S. § 6021.
2. The Belangers were entitled to an additional $2,000 in damages, representing four additional months at the applicable monthly rental amount.

Questions Presented

1. Whether the absence of running water, standing alone, rendered the Belangers' dwelling unit unfit for human habitation under 14 M.R.S. § 6021.
2. Whether the Belangers were entitled to damages for the additional four months during which the trailer lacked running water before the toilet stopped functioning.

Disposition

remanded