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

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — MAINE FED

TABLE OF CONTENTS

1. Caption
2. Appearance and General Denial
3. Response to Specific Allegations
4. Affirmative Defenses
   - 4.1 Defective Predicate Notice
   - 4.2 Defective Service of Notice or Process
   - 4.3 Payment / Tender / Cure
   - 4.4 Breach of the Implied Warranty of Habitability (§ 6021)
   - 4.5 Retaliatory Eviction (§ 6001(3))
   - 4.6 Discrimination (5 M.R.S. § 4581 et seq.; 42 U.S.C. § 3601 et seq.)
   - 4.7 Domestic-Violence / Sexual-Assault / Stalking Victim Status
   - 4.8 Subsidized-Housing Good-Cause and Procedural Defenses
   - 4.9 Local Ordinance Non-Compliance (Portland and Other Municipalities)
   - 4.10 Lead-Paint Disclosure Failure
   - 4.11 Waiver and Estoppel
   - 4.12 Reasonable Accommodation under Federal/State Disability Law
5. Counterclaims
   - 5.1 Counterclaim I — Breach of Implied Warranty of Habitability (§ 6021)
   - 5.2 Counterclaim II — Wrongful Retention of Security Deposit (§§ 6033, 6034)
   - 5.3 Counterclaim III — Illegal Eviction / Self-Help (§ 6014)
   - 5.4 Counterclaim IV — Maine Human Rights Act Violation (5 M.R.S. § 4581 et seq.)
6. Prayer for Relief
7. Demand for Jury Trial (Preserved for De Novo Appeal)
8. Verification
9. Signature and Service Block
10. Certificate of Service
11. Maine Practice Notes
12. Sources and References

1. CAPTION

STATE OF MAINE

DISTRICT COURT

DIVISION OF [________________________________]

Location: [____________________] DISTRICT COURT

Docket No. [________________________________]

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
(14 M.R.S. §§ 6001 et seq.; M.R. Civ. P. 80D)

2. APPEARANCE AND GENERAL DENIAL

Defendant [TENANT NAME] (the "Tenant") appears and answers Plaintiff's Complaint for Forcible Entry and Detainer as follows. Except as expressly admitted below, Tenant DENIES each and every allegation contained in the Complaint and demands strict proof thereof.

3. RESPONSE TO SPECIFIC ALLEGATIONS

4. AFFIRMATIVE DEFENSES

4.1 Defective Predicate Notice

The predicate Notice attached to Plaintiff's Complaint as Exhibit A fails to comply with 14 M.R.S. § 6002 in one or more of the following respects (check all that apply):

☐ The Notice does not state the correct amount of rent in arrears (the figure is overstated and includes [unlawful late fees / disputed charges / amounts not yet due]).

☐ The Notice omits the statutorily required reinstatement language under § 6002(2) (advising the Tenant that payment of full arrears voids the notice and that payment of arrears, current rent, and filing/service fees before judgment reinstates the tenancy).

☐ The Notice omits the statutorily required right-to-contest advisement.

☐ The Notice fails to identify the specific factual grounds for a for-cause termination with sufficient detail to permit response or cure.

☐ The Notice provides fewer than the days required by statute (7 for pay/cure, 30 for no-cause, 90 for Portland no-cause).

☐ The Notice expired before the next rent payment date even though rent had been prepaid for the period in which the Notice was given. § 6002(1).

☐ The Notice was not signed by Plaintiff or by an agent with proven written authority.

Specific facts: [____________________].

Maine courts strictly construe § 6002 notices against the landlord. Any defect renders the Notice void and bars this FED action.

4.2 Defective Service of Notice or Process

Service of the predicate Notice and/or the FED Complaint and Summons was defective in that:

☐ Plaintiff failed to make three good-faith attempts at personal service before resorting to substitute service. § 6002(1).

☐ Plaintiff did not couple substitute service with the required mailing.

☐ The hearing was scheduled fewer than 14 days after the date of service of the FED Summons (Form CV-034). M.R. Civ. P. 80D.

☐ Service was not made by a sheriff or licensed process server.

☐ Other: [____________________].

4.3 Payment / Tender / Cure

Tenant has paid, tendered, or is prepared to tender (subject to court order):

☐ Full payment of all rent in arrears stated in the Notice;

☐ Payment of arrears, accrued rent, and the actual filing fees and service fees incurred by Plaintiff (statutory cure-and-reinstatement under § 6002(2));

☐ Cure of the for-cause violation as follows: [____________________].

4.4 Breach of the Implied Warranty of Habitability (§ 6021)

The Premises are not, and at all material times have not been, fit for human habitation in that they suffer from one or more conditions endangering or materially impairing the health or safety of Tenant, including: [list — e.g., lack of heat below 68°F, sewer backup, lead-paint hazards, vermin infestation, structural defects, defective electrical wiring, mold, broken locks, water intrusion]. Tenant gave Plaintiff written notice of these conditions on [__/__/____] (and on additional dates listed in Counterclaim 5.1). Tenant was current in rental payments at the time notice was given. Plaintiff failed to take prompt, effective steps to repair or remedy the conditions. § 6021(3).

4.5 Retaliatory Eviction (§ 6001(3))

Within the SIX (6) MONTHS immediately preceding Plaintiff's filing of this action, Tenant engaged in one or more of the following protected activities (check all that apply):

☐ Asserted habitability rights under § 6021 by written notice to Plaintiff dated [__/__/____].

☐ Complained as an individual to a governmental authority (code enforcement, health department, fire marshal, etc.) on [__/__/____].

☐ Made a written request to Plaintiff for repairs or for the cessation of code violations on [__/__/____].

☐ Filed a fair-housing complaint with the Maine Human Rights Commission, HUD, or another agency on [__/__/____].

☐ Notified Plaintiff that Tenant or a household member is a victim of domestic violence, sexual assault, or stalking on [__/__/____].

☐ Reported sexual harassment by Plaintiff or Plaintiff's agent on [__/__/____].

☐ Joined or organized a tenants' association.

A REBUTTABLE PRESUMPTION OF RETALIATORY EVICTION arises under 14 M.R.S. § 6001(3). Under § 6005, A WRIT OF POSSESSION MAY NOT ISSUE absent rebuttal of the presumption.

4.6 Discrimination (5 M.R.S. § 4581 et seq.; 42 U.S.C. § 3601 et seq.)

Plaintiff's conduct in terminating the tenancy was motivated, in whole or in part, by Tenant's [race / color / sex / sexual orientation / gender identity / physical or mental disability / religion / ancestry / national origin / familial status / age / receipt of public assistance or housing subsidy], in violation of the Maine Human Rights Act and the federal Fair Housing Act. Specific facts: [____________________].

4.7 Domestic-Violence / Sexual-Assault / Stalking Victim Status

This action is based, in whole or in part, on an incident or threat of domestic violence, sexual assault, or stalking against Tenant or a member of Tenant's household. Such an action is barred by 14 M.R.S. § 6001 and § 6002(5). For subsidized housing, the federal Violence Against Women Act (34 U.S.C. § 12491) provides parallel protection.

4.8 Subsidized-Housing Good-Cause and Procedural Defenses

The tenancy is subsidized under [Section 8 HCV / Project-Based Section 8 / Public Housing / LIHTC / USDA-RD / MaineHousing program], and Plaintiff has failed to (check all that apply):

☐ Plead and prove "good cause" for termination as required by [24 C.F.R. § 982.310 / 24 C.F.R. § 247 / 24 C.F.R. § 966.4 / 26 U.S.C. § 42(h)(6)].

☐ Provide the agency-required pre-termination notice.

☐ Comply with the public-housing grievance procedure.

☐ Notify the public housing authority and obtain any required approvals.

4.9 Local Ordinance Non-Compliance (Portland and Other Municipalities)

The Premises are located in [Portland / South Portland / Brunswick / Lewiston / other], and Plaintiff failed to comply with applicable local ordinances. With respect to Portland, Plaintiff:

☐ Failed to provide 90 days' no-cause notice as required by Portland Code Ch. 6, Sec. 6-236(a);

☐ Failed to tender required relocation assistance to invoke the 60-day or 30-day notice options under § 6-236(b)/(c);

☐ Failed to comply with Rent Board procedures applicable to covered units.

4.10 Lead-Paint Disclosure Failure

The Premises were constructed before 1978. Plaintiff failed to provide compliant lead-paint disclosures under 42 U.S.C. § 4852d, 22 M.R.S. § 1328, and/or 14 M.R.S. § 6030-B at the inception of the tenancy and/or upon renovation. This failure supports a counterclaim for damages and is relevant to the habitability defense.

4.11 Waiver and Estoppel

By accepting rent for [period] AFTER service of the predicate Notice and AFTER the Notice's expiration date, without contemporaneous written reservation, Plaintiff has WAIVED the Notice and is ESTOPPED from prosecuting this action.

4.12 Reasonable Accommodation under Federal/State Disability Law

Tenant has a disability within the meaning of the Fair Housing Act and the Maine Human Rights Act. Tenant requested a reasonable accommodation on [__/__/____], specifically: [____________________]. Plaintiff failed to engage in the interactive process and/or denied the accommodation, contributing to the alleged breach. Plaintiff's prosecution of this FED action without first granting the accommodation is itself a Fair Housing Act violation.

5. COUNTERCLAIMS

5.1 Counterclaim I — Breach of Implied Warranty of Habitability (§ 6021)

5.1.1 Tenant incorporates by reference the allegations of Affirmative Defense 4.4.

5.1.2 The conditions in the Premises endangered or materially impaired the health or safety of Tenant and were not caused by Tenant or a person under Tenant's control.

5.1.3 Tenant gave Plaintiff written notice of the conditions on [__/__/____] (and on additional dates: [____________________]). Tenant was current in rent at the time of notice.

5.1.4 Plaintiff failed to take prompt, effective steps to repair or remedy the conditions.

5.1.5 Tenant has been damaged by the difference between the fair rental value of the Premises as warranted and the fair rental value as it existed during the period of breach, in an amount to be proven at trial but not less than $[__________]. § 6021(3).

5.1.6 Tenant requests injunctive relief ordering Plaintiff to repair the conditions.

5.2 Counterclaim II — Wrongful Retention of Security Deposit (§§ 6033, 6034)

5.2.1 At the inception of the tenancy, Tenant paid Plaintiff a security deposit of $[__________].

5.2.2 [If the tenancy has terminated:] More than 30 days have elapsed since termination of the written rental agreement (or 21 days since termination of the tenancy at will), and Plaintiff has failed to return the security deposit or provide an itemized statement of deductions as required by 14 M.R.S. § 6033.

5.2.3 Tenant gave Plaintiff written notice of intent to bring legal action no less than 7 days before commencing this counterclaim, as required by § 6034.

5.2.4 Plaintiff's wrongful retention entitles Tenant to DOUBLE the amount wrongfully withheld, plus reasonable attorney fees and court costs. § 6034.

5.3 Counterclaim III — Illegal Eviction / Self-Help (§ 6014)

5.3.1 [If applicable:] Plaintiff engaged in self-help eviction conduct prohibited by 14 M.R.S. § 6014, including: ☐ changing locks; ☐ removing Tenant's personal property; ☐ shutting off or interrupting utilities; ☐ otherwise denying Tenant access to the Premises or to Tenant's belongings.

5.3.2 The specific facts are: [____________________]. The conduct occurred on [__/__/____].

5.3.3 Tenant is entitled to recover ACTUAL DAMAGES OR $250, whichever is greater, plus reasonable attorney fees and costs. § 6014.

5.4 Counterclaim IV — Maine Human Rights Act Violation (5 M.R.S. § 4581 et seq.)

5.4.1 Tenant is a member of one or more protected classes under the Maine Human Rights Act: [race / color / sex / sexual orientation / gender identity / physical or mental disability / religion / ancestry / national origin / familial status / age / receipt of public assistance or housing subsidy].

5.4.2 Plaintiff's conduct in terminating the tenancy and/or in operating the Premises constituted unlawful housing discrimination in violation of 5 M.R.S. § 4581 et seq. and § 4581-A.

5.4.3 Tenant is entitled to compensatory damages, civil penalties, attorney fees, and injunctive relief.

6. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays that this Court enter judgment as follows:

A. DISMISSING Plaintiff's Complaint for Forcible Entry and Detainer with prejudice;

B. AWARDING Tenant possession of the Premises;

C. AWARDING Tenant damages on Counterclaim I (habitability) in an amount to be proven at trial;

D. AWARDING Tenant TWICE the amount of the wrongfully withheld security deposit, plus reasonable attorney fees and costs (Counterclaim II);

E. AWARDING Tenant actual damages or $250 (whichever is greater) plus reasonable attorney fees and costs on Counterclaim III (self-help);

F. AWARDING Tenant compensatory damages, civil penalties, and reasonable attorney fees on Counterclaim IV (Maine Human Rights Act);

G. ENTERING injunctive relief ordering Plaintiff to repair all habitability defects;

H. AWARDING Tenant costs of suit and reasonable attorney fees as authorized by statute and contract;

I. GRANTING such other and further relief as the Court deems just and equitable.

7. DEMAND FOR JURY TRIAL (PRESERVED FOR DE NOVO APPEAL)

Tenant hereby DEMANDS A TRIAL BY JURY on all claims and counterclaims so triable, pursuant to the Maine Constitution, art. I, § 20, 14 M.R.S. § 6008, and M.R. Civ. P. 38. Tenant acknowledges that no jury sits at the District Court FED hearing and that this jury demand is preserved and renewed in any timely notice of appeal to the Superior Court for trial de novo under § 6008.

8. VERIFICATION

I, [TENANT NAME], being duly sworn, depose and state that:

1. I am the Defendant / Counterclaim Plaintiff in the above-captioned action.
2. I have read the foregoing Answer, Affirmative Defenses, and Counterclaims and know their contents.
3. The facts stated therein are true of my own personal knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Signed under the pains and penalties of perjury this [____] day of [____________________], 20[____].

[________________________________]
[TENANT NAME]

State of Maine
County of [________________________________]

Subscribed and sworn before me this [____] day of [____________________], 20[____].

[________________________________]
Notary Public / Attorney at Law
My commission expires: [__/__/____]

9. SIGNATURE AND SERVICE BLOCK

Dated: [__/__/____]

Respectfully submitted,

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

Attorney for Defendant / Counterclaim Plaintiff

OR (pro se tenant):

[________________________________]
[TENANT NAME], pro se
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [(___) ___-____]

10. CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a true and correct copy of the foregoing Tenant's Answer, Affirmative Defenses, and Counterclaims on counsel for Plaintiff (or on Plaintiff if pro se) by:

☐ First-class U.S. Mail, postage prepaid, addressed to [PLAINTIFF / COUNSEL ADDRESS];
☐ Hand delivery to [PLAINTIFF / COUNSEL ADDRESS];
☐ Electronic mail to [____________________], pursuant to agreement of the parties or court order;
☐ Such other manner as the Court may direct.

[________________________________]
[NAME]

11. MAINE PRACTICE NOTES

1. Hearing strategy. Maine FED hearings are summary. Bring all witnesses, documents, photographs, code-enforcement reports, written notices to the landlord, rent ledger, and any text/email correspondence. Be prepared to introduce them through the Tenant's testimony.
2. Habitability burden. Tenant must prove (a) condition endangering or materially impairing health/safety, (b) not caused by Tenant, (c) written notice to Plaintiff, (d) Tenant current in rent at time of notice, (e) Plaintiff's failure to take prompt, effective remedial steps. § 6021(3).
3. Retaliation timing. The 6-month look-back is measured from the date of the protected activity. Document the date precisely. The presumption is rebuttable but the burden shifts to the landlord.
4. Cure-and-reinstatement strategy. In nonpayment cases, computing and tendering the statutory cure amount (arrears + accrued rent + filing fee + service fee) BEFORE judgment reinstates the tenancy under § 6002(2). The court has no discretion to refuse a complete tender.
5. Counterclaims at FED. Maine courts permit habitability and security-deposit counterclaims at the FED hearing; broader claims (e.g., Maine Human Rights Act with administrative exhaustion) may be better pursued in Superior Court. Consult counsel.
6. Appeal mechanics. File notice of appeal in District Court within 30 days of judgment OR before the writ of possession issues, whichever is sooner. Tenant must pay current rent or arrearage (whichever less) at appeal and pay rent into escrow during appeal. Renew the jury demand. § 6008.
7. Stay of writ. If appeal escrow is timely paid, the writ of possession is stayed pending Superior Court trial de novo.
8. Self-help during pendency. If Plaintiff resorts to self-help during the FED, file an emergency motion and amend the counterclaim to add § 6014 damages.
9. Free legal help. Pine Tree Legal Assistance: (207) 774-8211, https://ptla.org. Legal Services for Maine Elders: (207) 623-1797. Volunteer Lawyers Project: (207) 774-4348.

12. SOURCES AND REFERENCES

• Maine Constitution, art. I, § 20 — Right to jury trial in FED: https://www.mainelegislature.org/legis/const/
• 14 M.R.S. § 6001 — Availability of remedy; retaliation presumption: https://legislature.maine.gov/legis/statutes/14/title14sec6001.html
• 14 M.R.S. § 6002 — Tenancy at will; termination notices: https://legislature.maine.gov/statutes/14/title14sec6002.html
• 14 M.R.S. § 6004 — Hearing; service: https://www.mainelegislature.org/legis/statutes/14/title14ch709sec0.html
• 14 M.R.S. § 6005 — Writ of possession: https://legislature.maine.gov/statutes/14/title14ch709.pdf
• 14 M.R.S. § 6008 — Appeal to Superior Court: https://legislature.maine.gov/statutes/14/title14sec6008.html
• 14 M.R.S. § 6014 — Remedies for illegal evictions: https://www.mainelegislature.org/legis/statutes/14/title14sec6014.html
• 14 M.R.S. § 6021 — Implied warranty of habitability: https://www.mainelegislature.org/legis/statutes/14/title14sec6021.html
• 14 M.R.S. § 6030-B — Environmental lead hazards: https://www.mainelegislature.org/legis/statutes/14/title14sec6030-B.html
• 14 M.R.S. § 6033 — Return of security deposit: https://www.mainelegislature.org/legis/statutes/14/title14sec6033.pdf
• 14 M.R.S. § 6034 — Wrongful retention: https://www.mainelegislature.org/legis/statutes/14/title14sec6034.html
• 5 M.R.S. § 4581 et seq. — Maine Human Rights Act: https://www.mainelegislature.org/legis/statutes/5/title5sec4581.html
• 5 M.R.S. § 4581-A — Unlawful housing discrimination: https://legislature.maine.gov/legis/statutes/5/title5sec4581-A.html
• 22 M.R.S. § 1328 — Lead disclosure
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 42 U.S.C. § 4852d — federal Lead-Based Paint Hazard Reduction Act
• 34 U.S.C. § 12491 — federal VAWA housing protections
• 24 C.F.R. § 982.310 — Section 8 HCV terminations
• 24 C.F.R. § 247 — Project-Based Section 8 evictions
• 24 C.F.R. § 966.4 — Public housing
• M.R. Civ. P. 80D — Forcible entry and detainer: https://www.courts.maine.gov/rules/rules-civil.html
• M.R. Civ. P. 38 — Jury trial of right: https://www.courts.maine.gov/rules/text/MRCivPPlus/RULE%2038.pdf
• Maine Judicial Branch — Eviction Help: https://www.courts.maine.gov/help/eviction/index.html
• Pine Tree Legal Assistance — Rights of Maine Renters: https://ptla.org/rights-maine-renters-eviction
• Pine Tree Legal Assistance — Warranty of Habitability Notice: https://www.ptla.org/sites/default/files/warranty-habitability-notice.pdf
• Portland Code Ch. 6, Sec. 6-236: https://portlandmaine.gov/1148/Rent-Control-Rental-Housing-Rights
• Maine AG — Consumer Rights When You Rent: https://www.maine.gov/ag/dynld/documents/clg14.pdf
• Maine Equal Justice — HOME Act / LD 1710: https://maineequaljustice.org/site/assets/files/4062/2023_home_act_fact_sheet_ld_1710.pdf