Shankman & Associates: NEW LEASE PROVISION REGARDING BEDBUGS...

Thursday, October 14, 2010

NEW LEASE PROVISION REGARDING BEDBUGS...

On July 11, 2010, a new law regarding bedbug infestation and eradication went into effect in Maine. We have previously posted an article outlining the impact of the law. However, based on ambiguity in certain aspects of the law and the need to be able to evict tenants who are being uncooperative when bedbug issues arise, we have drafted a new section to be added to your market rent leases. We hope that you find this information helpful.

Both tenant and landlord are required to comply strictly with the Maine Bedbug Law (Title 14 M.R.S.A. §6021-A). Tenant agrees to promptly notify landlord if he knows of, or suspects, an infestation of bedbugs in the dwelling unit. Upon the tenant receiving notice of a need for access to the premises for bedbug issues, he must fully cooperate with the landlord and any pest control agent hired by him. The tenant is required to comply with all reasonable measures to eliminate or control bedbug infestation. Failure of the tenant to fulfill his obligations hereunder is a breach of this lease and is grounds for termination of this tenancy.

If you have more questions please call Shankman & Associates at 207.786.0311 and ask for Karen Cook.

...Shankman and Associates... Offices in Lewiston, Topsham and Yarmouth, Maine

Shankman & Associates Legal Center is a broadly based general practice of law, the bulk of our practice focuses on four areas: (1) Domestic Relations, including Divorce, Paternity, Child Support, Custody Fights, Alimony and Restraining Orders;
(2) Bankruptcy, including Chapter 7 or 13, liquidation, reorganization, wage earner plans, IRS defense, and foreclosure defense; (3) Landlord/Tenant relations, including evictions, staff training, lease preparations, abandoned property, project acquisitions, subsidized housing, and collections;and(4) Personal Injury claims, including car accidents, slip and fall incidents and products liability issues.

Neil Shankman was born and raised in the jungles of suburban New York. He escaped at an early age and then went to college at Georgetown University in Washington, D.C. With his Bachelor's Degree in Sociology, Government and Psychology, he proceeded to seek knowledge and wisdom at Capital University Law School in Columbus, Ohio. As a member of the Moot Court Board and Editor-in-Chief of the Law Review, Mr. Shankman graduated from law school with grades that he has described as "genetically inappropriate". With dreams of raising a family and making a living, Mr. Shankman began the long march back to the East coast, where he landed in Lewiston, Maine.

Mr. Shankman has been a member of the Maine Bar since September of 1977. After four years as a lobbyist for Pine Tree Legal Assistance (statewide legal aid organization), Mr. Shankman developed and opened the first legal clinic in the State of Maine. With offices in Bangor, Lewiston and South Portland, the firm announced its opening with great fanfare. It included the first statewide prepaid legal services plan in Maine, extensive television advertising, and high visibility promotions.

During the course of the last thirty years, Mr. Shankman has continued to maintain his interest in trial work, particularly in the areas of divorce/family matters and personal injury litigation. He has developed one of the largest bankruptcy practices in the State of Maine, and continues to focus on landlord/tenant matters, both in Court and as General Counsel to Maine Real Estate Managers Association. He also serves as State Chair of the National Association of Consumer Bankruptcy Attorneys.

After over twenty-five years living in Yarmouth, Maine with his family, he relocated to Topsham in October of 2008 where he and his partner, kdb, managed to find a house built in 1797 that requires almost as much maintenance and repairs as he does. He spends his spare time skiing, sailing, bicycling and playing with his three adult children.

Justin Andrus was born and grew up in New Jersey, then attended high school in New Hampshire. He attended and graduated from Bates College in Lewiston, Maine in 1997. In 2002, Justin graduated from the University of Maine’s School of Law in Portland, Maine. While in law school, Justin participated in the Moot Court program in which he learned the art of preparing and presenting cases on appeal for consideration by the Supreme Court. He received the prize for best oral advocate in an international moot court competition in the fall of 2001. He also served as a student attorney at the Cumberland Legal Aid Clinic in 2001 and 2002.
After graduating from the School of Law in the Spring of 2002, Justin was licensed to practice in the Courts of the State of Maine, and then in the Federal Courts for the State of Maine including the Bankruptcy Court. He is also licensed to practice before the First Circuit Court of Appeals. Justin worked for several years at a small firm in Brunswick, Maine, and then opened a private practice which he operated successfully until December, 2011. Beginning in December, 2011, Justin joined Shankman & Associates from our Topsham, Maine office. By joining Shankman & Associates, Justin has been able to continue his practice providing top shelf legal services to clients in contested civil and criminal actions in the State and Federal Courts without the distraction of administering his own firm.
Justin’s practice focuses on resolving disputed matters in both civil and criminal actions, as well as providing services for clients whose cases are on appeal. Justin provides expertise in civil matters, including personal and business cases, for both Plaintiffs and Defendants; in Family Matters for both married and unmarried parties, including exceptional experience with nontraditional families such as multigenerational family issues and same sex partner disputes; and, criminal matters from drunk driving to manslaughter representation.
Justin is the vice-president of the Bath Brunswick Bar Association and is a member of the governing committee, and previously chairman of, the Maine Bar Association’s Lawyer Referral and Information Service. He is married and lives on the Mid Coast. When he’s not working, Justin can be found racing cars and sailboats, and taking his dog to the beach with his wife.

Rebecca Vaughan Brochu lived in various regions of the United States before settling in New England. She attended the University of Connecticut, and graduated from the Western New England College-School of Law in 1996. Rebecca's honors include Magna Cum Laude in 1993, Excellence for the Future Award - Divorce & the Family 1996, and she was recognized by the Maine State Bar Association as the attorney with the most pro bono service hours in the year 2001. Attorney Brochu has been licensed to practice law in the State of Maine since 1997 and her experience includes 2 years of public interest practice and 2 years of private general practice. Rebecca's areas of specialization include family/domestic relations and bankruptcy.

Bob Guillory was born and raised in Biddeford, Maine. He attended schools in Biddeford, graduating from Biddeford High School. He then attended and graduated from Colby College in Waterville, Maine, and then graduated from the University of Maine School of Law in Portland, Maine in 1980.

Attorney Guillory is licensed to practice in the State of Maine in both State and Federal Courts. He practiced briefly in Kennebunk before opening his own practice in Saco, Maine, where he worked until joining the firm of Shankman & Associates in 1995. Over the more than thirty years that he has been in practice, he has done extensive work in personal injury, family law (including custody disputes) and landlord/tenant law. Attorney Guillory still concentrates his practice in these areas, but also assists clients on criminal, contract and real estate matters. He is looking to expand his practice into the area of mediation and is on the Maine roster to preside over Early Neutral Evaluations.

Bob is married and has two children and is past President and current Board of Trustee member of the Biddeford & Saco Country Club.

Aubrey A. Russell was born and raised in Minot, Maine. She attended Minot Schools and graduated from Hebron Academy. She then attended and graduated magna cum laude from the University of Maine - Orono with a Sociology degree. She then went on to graduate cum laude from the University of Maine School of Law in Portland, Maine in 2007. While in law school, Aubrey completed the Pro Bono Legal Services Program and clerked for Judge Beliveau
at the Lewiston District Court. Aubrey joined Shankman & Associates in 2008. Her practice will concentrate on domestic relations and landlord/tenant disputes.