14 §6024-A. Landlord failure to pay for utility service

1. Deduct from rent. If a landlord fails to pay for utility service in the name of the landlord, the tenant, in accordance with Title 35‑A, section 706 , may pay for the utility service and deduct the amount paid from the rent due to the landlord. [PL 2009, c. 566, §11 (NEW).]

2. Award damages. In addition to the remedy set forth in subsection 1 , upon a finding by a court that a landlord has failed to pay for utility service in the name of the landlord, the court shall award to the tenant actual damages in the amount actually paid for utilities by the tenant or $100, whichever is greater, together with the aggregate amount of costs and expenses reasonably incurred in connection with the action. The court may also award to the tenant reasonable attorney's fees. [PL 2009, c. 566, §11 (NEW).]

3. Presumption. In any action brought pursuant to subsection 2 , there is a rebuttable presumption that the landlord knowingly failed to pay for the utility service. If the landlord rebuts this presumption, the landlord is liable to the tenant only for actual damages suffered by the tenant. [PL 2009, c. 566, §11 (NEW).]