Material breach on Lease
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Material breach on Lease (by Damian Ireland [ME]) Feb 25, 2021 10:45 AM
       Material breach on Lease (by Ray-N-Pa [PA]) Feb 25, 2021 7:02 PM
       Material breach on Lease (by DJ [VA]) Feb 25, 2021 9:30 PM
       Material breach on Lease (by Nellie [ME]) Feb 28, 2021 10:59 PM
       Material breach on Lease (by DRI [ME]) Mar 1, 2021 9:12 AM

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Material breach on Lease (by Damian Ireland [ME]) Posted on: Feb 25, 2021 10:45 AM

State Specific Question About: MAINE (ME)

Hello, Im wondering it a Tenant moving in another occupant to live there against the landlords permission, and after warning them about it multiple times (and him admitting it on text) would be considered a material breach of the lease, and constitute a 7 day eviction notice, instead of the 30 day. The state law doe say "F. The person occupying the premises is not an authorized occupant of the premises" under 7 day evictions allowed. Not sure if that would only apply to the guest thats living there, or both of them. Has anyone had a 7 day eviction go through for something to this effect? This is an owner occupied in law apartment, thanks.

Material breach on Lease (by Ray-N-Pa [PA]) Posted on: Feb 25, 2021 7:02 PM

Each state has their own time tables.

If your lease says not to do something and they are - yes that is grounds for eviction. You can expect to get lots of push back from the resident there

How do you know they are not just spending the night?

How many days in a certain period does your lease say that is a breach?

Do you know if your courts are open for evictions that are not based on financial grounds?

If you are not too sure of these answers, you might want to spend some money and hire an attorney that specializes in L/T law --24.154.xx.x

Material breach on Lease (by DJ [VA]) Posted on: Feb 25, 2021 9:30 PM

Are you saying this is a MIL suite in your own home that you are renting out?

If so, then it is easier to know they are actually living there. Plus, he's already admitted it in writing.

Also, you can (add this to your lease) ask the "visitor" to produce proof of their residence elsewhere (within a couple of days) such as a current utility bill or rental agreement.

So, yes - it is a breach. Check ME law - you probably need to first give notice to cure - kick out the unauthorized person, before you give notice to terminate them.

You really need to know what is required locally - Pay an experienced, local eviction attorney for an hour of their time to answer a list of questions regarding how to proceed. Then you will know whether you want to do it yourself or hire the attorney. And, if you haven't already, (follow the link in the upper left area of this page) read, print, study, learn and apply your state's laws.

Good luck. Come back & let us know how it goes - But DON"T keep using your full, real name (assuming you did). Anything you post can and will be discovered and used against you.

Material breach on Lease (by Nellie [ME]) Posted on: Feb 28, 2021 10:59 PM

First off, you should not use your full name. All your tenant has to do is google your name and there you are with your question.

This will go to your lease. This is where we spell out the issue of additional residents/tenants/visitors. That is what you would rely on for material breach of the lease.

You do have more latitude in an owner occupied building. Perhaps giving us more details and information will get you more helpful information. --70.20.xx.xx

Material breach on Lease (by DRI [ME]) Posted on: Mar 1, 2021 9:12 AM

Thanks, I've had people say the same about my name already, sadly I'm not sure why it's using my full name, I've never seen a forum site use my name and not my username instead, and second I have no idea how to remove my full name, sent a message to the customer service on here but no luck.

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