3 min read

LEWISTON – Judge John McElwee had heard enough testimony Wednesday afternoon about the condition of 119 Oxford St.

He needed to see it himself.

“It seems relevant to the case,” he said. “The general condition of this building is the point of all this.”

And so, after five hours of legal arguments, he adjourned the hearing on the eviction of the building’s four remaining tenants. Then McElwee, flanked by two marshals, landlord Ed Emmonds, lawyers for both sides and the tenants walked from District Court on Lisbon Street to the Oxford Street tenement.

It was something new for attorney Neil Shankman, who represents landlord Emmonds.

“In 30 years, I’ve never seen this happen before,” Shankman said.

Starting at the top floor, McElwee went from occupied unit to unit. Only his marshals, the tenants, the landlord and the lawyers were allowed in as he inspected. Mistie Oyster, who lives in Unit 5 of the building, said the judge looked briefly at each room in her apartment, taking note of broken tiles on her kitchen floor.

“My house is a mess,” Oyster said. “I’ve got clothes everywhere. I hope that doesn’t matter.”

A decision on the fate of the building will wait for a few more days, McElwee said. He plans a noon telephone conference today with lawyers from both sides to talk about next steps.

McElwee refused to comment further once he’d finished his inspection and called the hearing adjourned for the day.

But attorney Matt Dyer of Pine Tree Legal said it was exactly what he wanted.

“This was another piece of evidence in this, and I think it was very important,” he said.

Emmonds, principal of R.L.E. Limited Partnership, hopes to evict the remaining tenants in the eight-unit building for not paying their rent.

The tenants claim they have been on a rent strike since August to protest the condition of the building and a lack of maintenance by Emmonds and his property managers, North Country Real Estate Management Agency, or NC/REMA.

Dyer assured tenants the judge was interested in the condition of the building, not piles of clothes.

“I don’t think housekeeping is a huge issue here,” Dyer said.

But housekeeping was one concern brought up by Emmonds during his testimony earlier in the day. He testified that he inspected the building himself on Nov. 22 and found broken windows, doors and door frames, smoke detectors that had been removed and piles of dog excrement in one unit.

It all shows the lack of care the tenants had for the building, and Emmonds said it often turned into serious property damage.

Everyone agrees the building is in bad shape. The city condemned the building on Friday, citing unsafe windows and stairs, doors that don’t close properly, deteriorating floor spots and a lack of central heat.

Emmonds testified that much of that damage was caused by the tenants themselves. The judge also heard from NC/REMA owner Tina Pelletier. She testified that she had five complaints from tenants about problems in the building, and each was addressed. However, when questioned by Dyer, she admitted to at least two tenant complaints that had not been recorded or fixed.

Dyer said he still expects the tenants to testify. That could come at a later day, he said.

“That is their right, to have their say and defend the things being said about them,” he said.

According to McElwee, tenants will have seven days to move out if he grants the eviction. Dyer said he has offered a settlement to Emmonds where the tenants would agree to be out within 30 days. Emmonds would pay each tenant $600 to help them find a new apartment, under Dyer’s deal.

Shankman said his client is considering suing the tenants for back rent – up to $11,000 between all four. He served the tenants with notice of the suit Friday, but said he has not officially filed it with the courts.

“People forget about my client, who is out all his money in this no matter what happens,” Shankman said.

Comments are no longer available on this story