LEWISTON – Most people have rented apartments or houses at some point in their lives. Most probably haven’t faced eviction.
On the other side of the door, most landlords likely haven’t gone to court to evict a tenant.
For those who wonder how it might work, read on.
All district courts in Maine hold sessions in which landlords and tenants have an opportunity to appear before a judge to present their disputes for fair hearing.
In Androscoggin County, court is held every other Wednesday for those special cases called forcible entry and detainer, or FE and D.
Before a landlord and tenant end up there, they would have gone through a legal process that began with the landlord giving the tenant a “notice to quit” for allegedly violating the terms of the lease or rental agreement, usually for nonpayment of rent. The process could stop there if the two parties were to reach agreement.
If not, the landlord could go to district court and pick up a packet including a summons and complaint, for a fee. After filling out those forms, the landlord would ask the local sheriff’s office to serve the papers to the tenant, for a fee. The landlord would return to district court with those papers and, for a filing fee, ask that a hearing be scheduled.
Once in court, a judge would ask the landlord and tenant to try to reach agreement. Mediators are available in court to help resolve issues. Indigent tenants seeking legal aid can often find assistance through Pine Tree Legal Assistance.
If the two sides fail to reach agreement, a judge would hear the case and issue a ruling. That ruling could be appealed to Superior Court for a jury trial or judicial review.
If the landlord were to get a favorable judgment and the tenant were to refuse to comply with the court order, the landlord could ask for a so-called writ of possession from the court, for a fee. A sheriff’s deputy must serve that writ before taking action to forcibly remove a tenant from an apartment.
– Christopher Williams
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