Maine FED Tenant Answer with Affirmative Defenses, Counterclaims, and Jury Demand

TENANT'S WRITTEN ANSWER AND DEFENSES — MAINE FED

1. CAPTION

STATE OF MAINE

DISTRICT COURT

DIVISION OF [________________________________]

Location: [____________________] DISTRICT COURT

Docket No. [________________________________]

TENANT'S WRITTEN ANSWER AND DEFENSES
(14 M.R.S. §§ 6001-6008; M.R. Civ. P. 80D)

2. APPEARANCE AND PURPOSE OF FILING

Defendant [TENANT NAME] appears and responds to Plaintiff's Complaint for Forcible Entry and Detainer concerning [RENTAL PROPERTY ADDRESS].

Defendant files this written answer because:

☐ Defendant requests a recorded hearing. Under 14 M.R.S. § 6003, a defendant requesting a recorded hearing must file a written answer listing all known defenses on or before the return day.

☐ Defendant claims title in Defendant's name or through [NAME]. Under M.R. Civ. P. 80D(e), that claim must be asserted by an answer filed on or before the return day.

☐ Defendant elects to provide a written statement of defenses. Rule 80D(e) otherwise permits a defendant to appear and defend without filing a responsive pleading.

Defendant understands that filing this document does not replace attendance at the hearing.

3. RESPONSE TO COMPLAINT

Except as expressly admitted below, Defendant denies the allegations and requires Plaintiff to prove the right to possession.

4. DEFENSES

Defendant asserts every checked defense and the supporting facts stated below.

4.1 Plaintiff Has Not Established a Present Right to Possession

☐ Plaintiff is not a person authorized to maintain this FED action under 14 M.R.S. § 6001.

☐ The lease term has not expired or been validly forfeited.

☐ A tenancy at will was not terminated under § 6002.

☐ A written residential lease contains a termination or notice provision that Plaintiff did not follow.

☐ Other facts defeating Plaintiff's present right to possession: [____________________].

4.2 Defective or Inapplicable Termination Notice

For a tenancy at will, § 6002 generally requires at least 30 days' written notice, subject to the statute's seven-day cause route and other stated exceptions. A landlord relying on a seven-day cause must prove a ground listed in § 6002(1). If a written residential lease has no termination provision or no written-notice provision for a material breach, § 6001(1-B)(A) routes the landlord through § 6002(1) and (2).

☐ Plaintiff used the wrong notice route for this tenancy or alleged ground.

☐ The notice period was too short.

☐ A 30-day tenancy-at-will notice expired before the date through which rent had already been paid.

☐ The notice did not identify the specific ground claimed as required by § 6002(2).

☐ The nonpayment notice was issued when rent was not yet seven days or more in arrears.

☐ The nonpayment notice did not state the amount of rent seven days or more in arrears as of the notice date.

☐ The nonpayment notice omitted the full cure-and-reinstatement statement required by § 6002(2)(A)(2).

☐ The amount or another error materially altered the purpose or understanding of the notice. Defendant acknowledges that § 6002(2)(B) protects an unintentional clerical error that does not significantly or materially alter the notice.

☐ The notice omitted language advising Defendant of the right to contest the termination in court. Section 6002 states that this omission alone is not a ground for dismissal, but it may support setting aside a default if the tenant did not appear, and other lease, statutory, regulatory, or rule requirements may provide a separate defense.

☐ Other notice defect: [____________________].

Supporting facts: [____________________].

4.3 Defective Service or Missing Required Materials

For a § 6002 termination notice, substitute service is available only after at least three good-faith attempts at in-hand service and requires both first-class mailing to the tenant's last known address and leaving the notice at the tenant's last and usual place of abode.

For the FED summons and complaint, § 6004(1) requires ordinary civil-action service unless at least three good-faith efforts on three different days have been made; the statutory fallback likewise requires both first-class mailing and leaving the papers at the last and usual abode.

☐ The predicate termination notice was not served in hand and the statutory fallback steps were not completed.

☐ The summons and complaint were not properly served.

☐ The summons set a return day fewer than 14 days from service, contrary to Rule 80D(b)(4).

☐ Plaintiff did not serve the current Judicial Branch information sheet and mediation-request form with the residential termination notice and again with the summons and complaint as required by Rule 80D(c) and §§ 6001(7) and 6004(2).

☐ The complaint was not filed at least three days before the hearing as required by Rule 80D(d).

☐ Plaintiff did not file the written lease or rental agreement, if any, or the termination notice and attachments with the residential complaint. Defendant acknowledges that Rule 80D(d) treats a missing required attachment as possible grounds for a continuance, not dismissal.

☐ Other service or commencement defect: [____________________].

Supporting facts: [____________________].

4.4 Payment, Tender, or Statutory Reinstatement

☐ Defendant paid the rent stated in the nonpayment notice before that notice expired, voiding the notice as to rent arrearage under § 6002(1).

☐ Before issuance of a writ of possession, Defendant paid or tenders all rental arrears, all rent due as of payment, and the filing and service-of-process fees actually paid by Plaintiff. For a residential tenancy at will terminated for rent arrearage, § 6002 requires reinstatement and § 6005 bars issuance of a writ after the statutory reinstatement amount is paid.

☐ General assistance provided payment or written assurance of payment with the same effect as cash under § 6002(1).

Amount paid or tendered: $[__________] on [__/__/____].

Supporting documents: [receipt / money order / ledger / assistance assurance / other: ____________________].

4.5 Habitability Defense to a Nonpayment Case

This defense is asserted under § 6002(3) because Plaintiff seeks termination for rent arrearage.

☐ A condition rendered the dwelling unit unfit for human habitation.

☐ The condition endangered or materially impaired health or safety.

☐ Plaintiff or Plaintiff's agent had actual or constructive notice.

☐ Plaintiff unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition.

☐ Defendant and persons under Defendant's control did not cause the condition.

Conditions and dates: [____________________].

Notice to Plaintiff: [oral / written / actual / constructive] on [__/__/____], described as follows: [____________________].

For a qualifying § 6002(3) defense, Defendant requests the statutory choice to terminate without prejudice or reaffirm the rental agreement, with the court assessing the reduced fair rental value for the period in which rent is owed.

Additional condition check:

☐ A leaking event or chronic moisture or humidity outside Defendant's control resulted in growth of mold, bacteria, or other biological organisms. Section 6021(6-B), enacted by Public Law 2025, chapter 515, expressly identifies that condition as a breach of the warranty of fitness for human habitation.

4.6 Retaliation

Within six months before this action began, Defendant:

☐ Asserted rights under a statute listed in § 6001(3)(A).

☐ Made or had made in good faith a complaint to a code-enforcement body about conditions affecting the dwelling unit.

☐ Made a good-faith written complaint or request to Plaintiff for repairs required by law or the rental agreement.

☐ Before service of the eviction notice, filed a good-faith fair-housing complaint with the Maine Human Rights Commission or HUD on a reasonable basis.

☐ Before service of the eviction notice, notified Plaintiff that Defendant or Defendant's minor child is a victim as defined by Maine law.

☐ Before service of the eviction notice, communicated about or reported sexual harassment by Plaintiff or Plaintiff's agent.

Protected activity, recipient, and date: [____________________].

Defendant invokes the rebuttable presumption in § 6001(3), if applicable. Defendant acknowledges that the statute generally removes that presumption when the action is brought for a § 6002(1) ground or a lease violation, unless Defendant asserted a right under § 6026.

Separately:

☐ This action was commenced in retaliation for Defendant's membership in an organization concerned with landlord-tenant relationships. Under § 6001(4), no writ may issue if Defendant proves that retaliation.

4.7 Failure to Provide a Reasonable Accommodation

☐ Defendant has a disability and requested the following change, exception, or adjustment necessary for an equal opportunity to use and enjoy the dwelling: [____________________].

☐ Plaintiff had a duty to offer the accommodation and failed to do so.

☐ There is a causal link between the requested accommodation and the conduct alleged as the basis for eviction.

Under § 6001(5), Defendant asks the court to deny the FED if those elements are established.

Request date, method, response, and supporting facts: [____________________].

4.8 Domestic-Violence, Sexual-Assault, Stalking, or Sexual-Harassment Protection

☐ The action is based on an incident or threat of domestic violence, sexual assault, or stalking against Defendant or a household member, or on reporting that conduct, in circumstances protected by § 6001(6).

☐ Plaintiff improperly treated protected victim conduct as a nuisance, property damage, or lease violation.

☐ Defendant supplied or can supply documentation permitted by § 6001(6)(H).

☐ The action is based on sexual harassment by Plaintiff or Plaintiff's agent.

Supporting facts and documentation: [____________________].

4.9 Discriminatory Eviction

☐ Plaintiff evicted or attempted to evict Defendant because of race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry, national origin, familial status, or Defendant's qualifying protection-order history, contrary to 5 M.R.S. § 4581-A(1)(E).

☐ Plaintiff acted primarily because Defendant receives federal, state, or local public assistance, including a housing subsidy, contrary to § 4581-A(4).

Protected status, conduct, statements, comparators, and dates: [____________________].

4.10 Program-Specific, Federal, Local, or Lease Defense

☐ The tenancy is subject to an additional termination, notice, good-cause, grievance, accommodation, or agency-notice requirement.

Source of requirement: [lease / housing-assistance program / federal law / local ordinance / other].

Exact provision and facts: [____________________].

4.11 Title Claim

☐ Defendant claims title in Defendant's own name.

☐ Defendant claims through [NAME], whose interest is: [____________________].

Documents supporting title: [deed / probate document / purchase contract / other: ____________________].

4.12 Other Defense

Legal or factual basis: [____________________].

Supporting facts and exhibits: [____________________].

5. REQUEST FOR RELIEF

Defendant asks the Court to:

A. Deny possession or dismiss the FED to the extent required by the proven defenses;

B. Decline to issue a writ of possession;

C. Apply the cure-and-reinstatement provisions of §§ 6002 and 6005, if satisfied;

D. Apply the reduced-fair-rental-value remedy and election stated in § 6002(3), if the habitability defense is proven;

E. Grant a continuance or other appropriate procedural relief for any service, filing, or required-material defect;

F. Refer the parties to mediation if requested and appropriate; and

G. Grant any other relief available in this summary possession action.

Defendant does not plead a counterclaim. M.R. Civ. P. 80D(h) provides that an FED action may not be joined with another action and that a defendant may not file a counterclaim.

6. DEFENDANT'S DECLARATION AND SIGNATURE

I declare that the factual statements in this filing are true to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]
[TENANT NAME], Defendant, pro se

[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

OR:

[________________________________]
[ATTORNEY NAME], Esq.
Maine Bar No. [____________________]
[FIRM NAME]
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]
Email: [____________________]

Attorney for Defendant

7. SERVICE STATEMENT

I state that on [__/__/____], no later than the date this document was filed, I served a copy on Plaintiff's attorney, or on Plaintiff if unrepresented, as follows:

☐ Regular mail to the last known mailing address: [____________________].

☐ Electronic Service to the last known email address because the recipient is represented by an attorney or an unrepresented party who opted in to Electronic Service: [____________________].

☐ Delivery of a copy as permitted by M.R. Civ. P. 5(b): [____________________].

[________________________________]
[NAME]

8. FILING, HEARING, AND APPEAL CHECKLIST

☐ Copy the court name, division, docket number, parties, property address, hearing date, and return day exactly from the summons.

☐ Attach the termination notice, lease, payment records, repair notices, photographs, inspection reports, accommodation communications, and other supporting exhibits that counsel determines should be filed.

☐ If requesting a recorded hearing or asserting title, file this answer on or before the return day.

☐ Serve the filed document as required by Rule 5.

☐ Attend the return-day hearing with all witnesses and exhibits. Rule 80D allows a defendant to appear and defend without a responsive pleading in ordinary cases, but it does not excuse attendance.

☐ Consider requesting mediation using current Judicial Branch Form CV-256.

Appeal caution

A jury demand in this District Court answer does not preserve a jury trial de novo. Under Rule 80D(g)(2), a party seeking a Superior Court jury trial de novo must include the written jury demand in the notice of appeal and file supporting Rule 56(e) affidavits showing a genuine issue of material fact as to which there is a jury-trial right.

Under § 6008, the appeal deadline expires when the writ of possession issues or 30 days after judgment, whichever occurs first. A defendant's notice of appeal must include the statutory rent-payment affidavit. A stay pending appeal requires prompt Superior Court relief and compliance with the payment and other conditions imposed under § 6008 and Rule 80D(k).

Separate claims caution

Rule 80D(h) bars counterclaims in the FED case. A claim for an illegal self-help eviction under § 6014, a damages claim, or another affirmative claim may require a separate action. Section 6014 identifies interruption of utilities and denial of access to the premises or tenant property without proper judicial process as illegal-eviction conduct and authorizes actual damages or $250, whichever is greater, plus qualifying costs and attorney fees. Obtain legal advice before filing a separate claim.

9. OFFICIAL SOURCES

• 14 M.R.S. § 6001: https://legislature.maine.gov/statutes/14/title14sec6001.html
• 14 M.R.S. § 6002: https://legislature.maine.gov/statutes/14/title14sec6002.html
• 14 M.R.S. § 6003: https://legislature.maine.gov/statutes/14/title14sec6003.html
• 14 M.R.S. § 6004: https://legislature.maine.gov/statutes/14/title14sec6004.html
• 14 M.R.S. § 6005: https://legislature.maine.gov/statutes/14/title14sec6005.html
• 14 M.R.S. § 6008: https://legislature.maine.gov/statutes/14/title14sec6008.html
• 14 M.R.S. § 6014: https://legislature.maine.gov/statutes/14/title14sec6014.html
• 14 M.R.S. § 6021: https://legislature.maine.gov/statutes/14/title14sec6021.html
• Public Law 2025, chapter 515, amending § 6021: https://legislature.maine.gov/bills/getPDF.asp?paper=HP1288&item=5&snum=132
• 5 M.R.S. § 4581: https://legislature.maine.gov/statutes/5/title5sec4581.html
• 5 M.R.S. § 4581-A: https://legislature.maine.gov/statutes/5/title5sec4581-A.html
• Maine Rules of Civil Procedure, effective June 1, 2026: https://www.courts.maine.gov/rules/text/mr_civ_p_only_2026-06-01.pdf
• Maine Judicial Branch eviction resources and Form CV-256: https://www.courts.maine.gov/help/eviction/index.html