Radon Testing, The Law and YOU...

This is a short and sweet commentary about the most recent RADON Testing Law.
During the last legislative session a law was enacted that requires landlords to have their residential buildings tested for radon no later than 2012, with subsequent testing every ten (10) years thereafter. It is not clear from the statute itself, or from the legislative history, whether the phrase “by 2012” is intended to require that the testing be done prior to the commencement of that year, or prior to the end of that year. See Title 14, Section 6030-D of the Maine Revised Statutes.Home testing kits are not permitted. Radon tests must be conducted by a person who is registered with the Department of Health and Human Services.
If test results reveal a level of radon of 4.0 picocuries per liter of air or above, the landlord is required to take all necessary steps to mitigate the level of radon to a number below that standard.
“Mitigation services” must be provided by a person registered with the Department of Health and Human Services. Landlords are required to provide written notice to tenants and potential tenants regarding the presence of radon in the building. This information must include the date and results of the most recent test and must explain the risks associated with exposure to radon. Standard disclosure forms are being prepared by the state and will be accessible at some point during 2010. Go on line at
www.state.il.us/IEMA/radon/pdf/DisclosureRadonHazards.pdf.
If a landlord fails to comply with the requirements of state law, he or she would be subject to a fine of not more than $250.00 per violation. It is likely that enactment of this new law will strengthen the
hand of Plaintiff’s lawyers who are filing litigation on behalf of individuals who have been harmed by exposure to radon.
Landlords, do you need a new lease or help with an eviction? Give us a call we can help. 207-786-0311

Eeek... Bed Bugs, You and the Law...

BEDBUG LAW
WILL BITE YOU IF YOU ARE NOT CAREFUL

As problems with bedbug infestations have increased throughout the State of Maine, the Legislature has been called upon to respond. In 2010, a new law was enacted. Title 14 M.R.S.A. §6021-A. It will go into effect on July 11, 2010.

If a landlord receives either written or oral notice from a tenant that a dwelling unit may have a bedbug infestation, the landlord must conduct an inspection within five days. If it is determined that an infestation of bedbugs does exist, the landlord has ten days to contact a pest control agent as that term is defined in Title 22 M.R.S.A. §1471D. The landlord is required to “take reasonable measures to effectively identify and treat the bedbug infestation” through a pest control agent who carries liability insurance.

Landlords are prohibited from renting a dwelling unit unless they disclose to a prospective tenant that an adjacent unit is currently infested with, or being treated for, bedbugs. If at any time a current tenant or a prospective tenant requests information, the landlord must disclose the last date the unit was inspected for a bedbug infestation and found to be free of such a problem. The landlord may not rent a unit that the landlord knew or should have known is infested with bedbugs.

A tenant is required to promptly notify his landlord when he knows or suspects that there may be an infestation of bedbugs in the unit. If the landlord gives a tenant reasonable notice that he needs to inspect the premises because of a concern regarding bedbugs, the tenant is required to grant the landlord or his pest control agent access to the unit. The law specifies that the initial access to the unit may include only a visual inspection and manual inspection of the tenant’s bedding and upholstered furniture. If the pest control agent reasonably believes that additional items need to be inspected, the tenant is obligated to cooperate. If the pest control agent finds bedbugs in either the rented unit, or an adjoining unit, the individual may have additional access to the tenant’s personal belongings.

Furthermore, the tenant is required to comply with all reasonable measures to eliminate and control a bedbug infestation. The “unreasonable failure” to completely comply with the pest control measures may result in the tenant being “financially responsible for all pest control treatments of the dwelling unit”.

If for any reason the tenant is unable to comply with the requested bedbug inspections or control measures, the landlord is required to offer to “make reasonable assistance, including financial assistance”. Quite frankly, neither the law nor the legislative history clarify exactly what the Legislature was intending by that provision. However, it appears that once the landlord discloses the anticipated cost of the tenant’s compliance with the inspection and control measures, the landlord may charge the tenant “a reasonable amount for any such assistance, subject to a reasonable repayment schedule, not to exceed six months”.

Failure of a landlord to comply with the terms and conditions of the bedbug law is presumed to be a violation of the warranty of habitability (the landlord unreasonably failed, under the circumstances, to take prompt, effective steps to repair or remedy a condition that endangers or materially impairs and health or safety of a tenant). If the landlord fails to comply with the provisions of the law, he is liable for a penalty of $250.00, or actual damages, whichever is greater, plus reasonable attorney’s fees.

If a tenant fails to provide reasonable access, or comply with reasonable requests for inspection or treatment, or if the tenant otherwise unreasonably fails to comply with the requirements of the law, the landlord can seek a Protective Order pursuant to 14 M.R.S.A. §6030-A. If the court finds that the tenant unreasonably failed to comply with the bedbug law, the court is authorized to issue a temporary order, or an interim order, pursuant to Title 5 M.R.S.A. §4654, the Protection from Harassment statute. The court is authorized to grant the landlord access to the premises, allow him to engage in bedbug control measures, and require the tenant to comply with specified measures or, if the tenant fails to comply, assess him with costs and damages related to the tenant’s non-compliance. Any emergency order granting the landlord access to the premises must be served upon the tenant at least twenty-four (24) hours before the landlord enters the premises.

Landlords/Property Managers and Rental Property Management Companies, are you currently a member of Shankman and Associates "Lawyers-online" program? If not, you should know that for a set price you will have many advantages and benefits. Click here for more info.

Three New Books & A Maine Landlord Tenant Law Conference...

We have been very busy at Shankman & Associates. We have just finished our third book on Maine Landlord -Tenant Law. This has been an important undertaking. The laws are constantly changing and the commentaries in the books must be updated and sometimes almost entirely re-written every few years. The three Maine Landlord/Tenant books written by Neil Shankman this year are: Landlord-Tenant Relations: Process & Procedures, Maine Landlord-Tenant Statutes & Commentaries and Landlord-Tenant Relations In Mobile Home Parks & Land Leased Communities.
We held a conference a few weeks ago for the Mobile Home Park & Land Leased Community Landlords. It was interesting and everyone went away with the clear knowledge of what the new laws are and how to apply them. The also were able to ask questions and have some great dialog about Landlord/Tenant Relations.
Are you a Landlord in the state of Maine? Are you interested in coming to our seminar? We do have one coming up on April 9th at the Ramada Inn, in Auburn. Attending the conference will help you to interpret the new laws and you will have the opportunity to ask questions.
Registration is simple, we have a copy of the registration form in the February MAOMA Newsletter. You can also email Karen Cook or give her a call at Shankman & Associates, 207.786.0311 she will be more than happy to email you a copy of the registration form. We look forward to seeing you there!

Landlord/Tenant Conference...

Big News... Shankman & Associates is hosting the Landlord/Tenant Conference on April 9, 2010 9AM-4PM at the Ramada Inn in Lewiston, Me. We will be covering the new laws that will affect you and your business. We will also be releasing our newest Landlord/Tenant Relations publications.
If you want to stay on top of your game this is one conference you will not want to miss.
Registration is simple, we have a copy of the registration form in the February MAOMA Newsletter. You can also call Karen Cook @ Shankman & Associates, 207.786.0311 she will be more than happy to email you a copy of the registration form.
We look forward to seeing you there!

Bankruptcy Advice in Maine...

Bankruptcy can be a difficult decision. In these uncertain economic times Bankruptcy is not an uncommon solution. At Shankman & Associates, we are Maine Bankruptcy Attorneys. We will guide you through your options, and help you to make a decision that helps you. Bankruptcy is an option. We can help to stop repossessions, wage garnishment, lawsuits and foreclosure. In our economy today, you are not alone. You may be able to keep your home, your car and your wages. A fresh start is possible. We will help you to take control of your financial future. We know that it is never an easy decision to go forward with a "Bankruptcy" at Shankman & Associates we can help you to navigate this difficult time with the answers you will need for a fresh start. This is not a decision to be entered into lightly. It will affect your future, both positive and negative.

Mr. Shankman is the Maine representative for NACBA The National Association of Consumer Bankruptcy Attorneys. He and his staff have been helping folks file for Bankruptcy since 1981. We can help you to decide the best route to take, Chapter 7, Chapter 11 or a Chapter 13. We will answer all of your questions and help you to get back on track. Now is the time to give us a call and to schedule an appointment 1.207.786.0311.
We look forward to helping you.

MREMA Conference ...

Every year MREMA (Maine Real Estate Managers Association) hosts a wonderful conference. They work hard to create a 3 day affair that is filled with speakers, workshops and networking. MREMA covers a wide range of subjects that pertain to the business of managing properties in the state of Maine. This is an event that the members look forward to year after year.

Attorney Neil Shankman is a perennial favorite and has spoken most every year at this conference. He has written several books on Landlord/Tenant Law and his latest book, Maine Landlord-Tenant Statutes and Commentaries is being revised and updated and will be available in the late fall of 2009.

If you haven't signed up for this fun and informative event, here are the details.
See you in October!

October 19-21, 2009
2009 MREMA Annual Conference
The 2009 Annual Conference will be held at the Sugarloaf Resort & Conference Center in Carrabassett Valley. We've secured Toni Blake, aka, Totally Toni, as the keynote speaker. If you attended the 2008 Tri-State Conference in Vermont, then you know that an hour is not enough Toni. With this is mind, we've also asked her to provide an afternoon workshop. Totally Toni will lift your spirits and put the fun back into property management!

Bankruptcy Experts...

At Shankman & Associates we are experts in Bankruptcy. We have been helping our clients file for bankruptcy since 1981. Neil Shankman, the founder of our firm, is the Maine representative for NACBA (National Association of Consumer Bankruptcy Attorneys). We know this is one of the toughest but often necessary decisions you will make. We can navigate this decision with you.

FAQ'S:
Does a person lose all of his or her property by filing under Chapter 7?
Usually not. Certain property is exempt and cannot be taken by creditors, unless it is encumbered by a valid mortgage or lien. A Debtor is usually allowed to retain his or her unencumbered (or unsecured) exempt property (see Question 29 below). Depending on the law of the local state, property that is exempt in a Chapter 7 case may be either property that is exempt under state law or property that is exempt under the Bankruptcy Code.

What property can be claimed as exempt?
Because one of the goals of bankruptcy is to give the Debtor a fresh financial start, Debtors are allowed to retain certain exempt items of property. The values listed below are for a single Debtor. If a husband and wife file together, the amounts double. The exemptions apply only to equity (how much it is worth minus how much you owe) in real property or personal property

In Maine, the following exemptions apply:

* Residence. $100,000.00 in real estate which serves as a residence, unless the Debtor is over 60 or disabled, in which case the exemption is $200,000.00;
* Motor vehicle. The Debtor's interest of $5,000.00 in one motor vehicle;
* Clothing, furniture, appliances and similar items. The Debtor's interest, not to exceed $200.00 in any particular item in household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments held for personal, family or household use;
* Jewelry. The Debtor's wedding ring and engagement ring (no matter how valuable), as well as the Debtor's aggregate interest in all other jewelry up to a total of $750.00 held for personal, family or household use;
* Tools of the Trade. The Debtor's aggregate interest of $5,000.00 in any implements, professional books or tools of the trade of the Debtor;
* Furnaces, stoves and fuel. The Debtor's interest in the following items held primarily for the personal, family or household use of the Debtor or a dependant of the Debtor; one cooking stove; all furnaces or stoves used for heating and all cooking and heating fuel not to exceed 10 cords of wood, 5 tons of coal or 1,000 gallons of petroleum products or its equivalent;
* Food, produce and animals. All food provisions reasonably necessary for six months; all seeds, fertilizers, feeds and other material reasonably necessary to raise or harvest food through one growing season; all tools and equipment reasonably necessary for raising and harvesting food;
* Farm equipment. The Debtor's interest in one of every type of farm implement reasonably necessary for the Debtor to raise and harvest agricultural products commercially;
* Fishing boat. The Debtor's interest in one boat, not exceeding five tons burden, used by the Debtor primarily for commercial fishing; (j) Life insurance contract. Any unmatured life insurance contract owned by a Debtor other than a credit life insurance contract;
* Health aids. Professionally prescribed health aids for the Debtor or a dependent of the Debtor.
* Disability benefits; pensions. The Debtor's right to receive Social Security benefits, unemployment compensation, veteran's benefits, disability, illness or unemployment benefits, alimony, support or separate maintenance, or a payment under a stock bonus, pension, profit sharing, annuity, or a similar plan or contract on account of illness, disability, death, age or length of service to the extent reasonably necessary for the support of the Debtor and any dependent of the Debtor;
* IRA account. A payment or account under an individual retirement account or similar plan or contract on account of illness, disability, death, age or length of service to the sum of $15,000.00 or to the extent reasonably necessary for the support of the Debtor and any dependent of the Debtor, whichever is greater.
* Legal awards; life insurance benefits. Debtor's right to receive an award under a victim's reparation law, a payment on account of the wrongful death of an individual of whom the Debtor was a dependent, to the extent reasonably necessary for the support of the Debtor and any dependent of the Debtor; a payment under a life insurance contract that insured the life of an individual of whom the Debtor was a dependent on the date of such individual's death, to the extent reasonably necessary for the support of the Debtor and any dependent of the Debtor; a payment up to $12,500.00 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the Debtor or an individual of whom the Debtor is a dependent or a payment in compensation of loss of future earnings of the Debtor or an individual of whom the Debtor is or was a dependent, to the extent reasonably necessary for the support of the Debtor and any dependent of the Debtor.
* Other property. The Debtor's aggregate interest, not to exceed $400.00 in any property, whether or not otherwise exempt; and
* Unused residence exemption. The Debtor's unused residence exemption up to $6,000.00 in any item of clothing, furniture, or appliances, tools of the trade or legal awards for personal bodily injury.
Log on to shankmanlegal.com to learn more or give us a call @207.786.0311 today.