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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Mulholland v. Poole, 866 A.2d 122 (2005)

Citation
Mulholland v. Poole, 866 A.2d 122 (2005)
Parent Document
Mulholland v. Poole, 866 A.2d 122 (2005)
Jurisdiction
Maine (state)
Effective Date
2005-01-26

Full Text

868 chars
[¶ 11] The statutory language of section 6008 unambiguously requires that when a dispute about the rent exists in a forcible entry and detainer case, the rent money should be paid into an escrow account rather than directly to a landlord, pending an appeal. Typically, this section is applied for the protection of the landlord in cases where the reason for eviction is nonpayment of rent.3 See L.D. 1546 (117th Legis.1995). That was not the case here. The value of the rental unit was not at issue in the original proceeding, nor was it raised as a genuine issue of material fact in Poole’s demand for a jury trial. The only issue raised by Poole at that point was whether or not his eviction was due to retaliation on the part of his landlord. Poole did not introduce the subject of the value of the mobile home until he requested the stay of the writ of possession.