ray corporation notice of claim and request for settlement plus maine laws

GINA LYNN TURCOTTE

3 WASHINGTON STREET PLACE, UNIT 1 AUGUSTA, MAINE

TENANT's NOTICE of CLAIM and

REQUEST for SETTLEMENT

EMAILED ON JUNE 3, 2013 TO RAY CORPORATION i~(1J.({~t~t.fa"tYY· ec:>~ , and

HAND DELIVERED on June 3 , 2013

TO: RAY CORPORATION DATE of NOTICE: June 3, 2013

CLAIM of: BREACH of LEASE and BREACH of FIDUCIARY DUTY to ENSURE SAFETY, HEALTH and WELFARE ofTENANT(s)

DATE(s) of OCCURRENCE: February 8, 2013- June 3, 2013

PLACE(s) of OCCURRENCE: 3 WASHINGTON STREET PLACE, AUGUSTA, MAINE

PERTINENT LEASE CLAUSES: 2 Co-Tenants 8 Use of Property 9 Tenant's Duty to Maintain Premises 11 Noise/Disturbances/ Compliance with Laws 14 Repair and Maintenance 16 Retaliation 19 Legal Proceedings 20 Breach 21 Indemnification 22 Notices

BE ADVISED that ALL LANDLORDS have a legal fiduciary duty to ensure the SAFETY, HEALTH and WELFARE of each tenant, defined as, "A duty of utmost good faith trust, confidence, and candor owed by a fiduciary [landlord/ ... to the beneficiary [tenant/ ... ; a duty to act with the highest degree of honesty and loyalty toward another person and in the best interests o[the other person ... "

BE ADVISED that I am making a claim against you for BREACH OF LEASE and BREACH of FIDUCIARY DUTY to ENSURE SAFETY, HEALTH and WELFARE of TENANT(s) resulting from your actions of contributory negligence in response to numerous complaints about:

Tyler Robinson and Kecia Gallant, beginning February 8, 2013. AND

TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT of25

mailto:[email protected]

GINA LYNN TURCOTTE 3 WASHINGTON STREET PLACE, UNIT 1

AUGUSTA, MAINE

TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT of 25

Scott Randall Andrews beginning May 31, 2013

BE ADVISED that this claim is being made pursuant to 14 MRSA §1602-B.

FACTS AND EVIDENCE On January 30, 2013, I responded by telephone to a public internet advertisement you placed on Craigslist under the “Rooms/Shared” subcategory of rental housing. I spoke with Bernice with specific regard to the type of payment schedule you require and the type of tenants with whom I will be sharing my private common living space. I specifically referenced your advertisement which explicitly stated, and still states, “Respectful and responsible people need only call”. Bernice and I discussed my unwillingness to pay by the month because I was unsure of the environment of the building and I was unwilling to obligate myself under a monthly contract if the tenants in the building and with whom I am required to share my private space are not respectful or responsible. Bernice said, “I am sure we can work something out as you don’t know us or the environment and neither do we know you”. Bernice acknowledged the validity of my concern and agreed to enter a contract with me on weekly payment terms until such time I decided to become a long-term tenant. Justin met me at 3 WASHINGTON STREET PLACE on February 1, 2013 at 3:00pm to show me Unit 1. I selected the front bedroom, nearest the entry door. While Justin was speaking with me about Unit 1, Tyler Robinson arrived to look at the second bedroom within Unit 1. Justin informed me that Tyler Robinson and his girlfriend Kecia Gallant would be living in the other bedroom within Unit 1, beginning that day, February 1, 2013. Justin accepted a deposit from me in the amount of one hundred twenty dollars ($120.00) which represented one week’s deposit of $105.00 and $15.00 toward first week’s rent of one hundred five dollars ($105.00) leaving a balance of $90.00. Justin and I agreed my tenancy would begin on February 8, 2013, and in fact it did. My first complaint was sent to you via email at 4:39pm on February 16, 2013:


AUGUSTA, MAINE


I hate to have to send this to you so soon but there is a problem with Tyler and Keisha respecting my personal property. I expressly stated to them recently that my property is NOT for their use although I put some of my items in the kitchen and bathroom. I also expressly indicated that my food was NOT for their consumption and they need to provide for their own needs. Unfortunately, Tyler and Keisha seem to think that whatever items are in the common area of the apartment are for their use. Tyler has intentionally eaten my food and used my property after being specifically told to leave my possessions alone. I have told them both that I consider their use of my items to be THEFT and I will NOT tolerate any type of disrespect to my possessions nor will I allow my right to live peacefully and quietly in this building to be violated by their attitude of entitlement. I have never dealt with a situation like this before and would appreciate your help to immediately resolve this problem before it becomes a serious issue. I await your feedback.

I never received any written or verbal response from RAY CORPORATION. My second complaint was sent to you via email at 11:21pm on February 17, 2013:

… Now, sadly, referring back to our first conversation regarding ‘respectful and responsible’ people only living in your buildings, I am writing to let you know that my roommates are not respectful to either me or you, nor are they responsible adults. Specifically: 1 they do not turn the lights off despite being asked SEVERAL times to be respectful of the benefit we’ve been provided. 2 they insist leaving the bathroom light on 24/7 AND their bedroom light is always on We discussed using a nightlight instead which they still have not purchased. 3 they NEVER wash the kitchen counters or bathroom sink/toilet after leaving food crumbs or cigarette ashes wherever they fall. 4 the bathroom sink always has cigarette ashes in it because they are too lazy to use an appropriate ashtray. 5 they have already observed ants eating their food crumbs on the countertop but they still refuse to clean up after themselves. 6 they NEVER washed any of my dishes which they were allowed to use and left several of them in their bedroom with food in them.


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7 their behavior will be a magnet for rodents and vermin during warmer weather. 8 I have since revoked their privilege to use my property because of their blatant disrespect. 9 After being told they had lost the privilege to use my property, Tyler intentionally ate my food and used my property to cook it When he was confronted with his blatant disrespect, his response was “oh, sorry” as if to say he did not know he couldn’t eat my food or use my property I told him that his behavior was theft and would be reported to you immediately 10 I removed ALL of my property from the common area except my food in the cupboards and refrigerator, but I specifically designated certain areas of the kitchen and fridge for my items and have specifically told them both, “If you didn’t buy it, don’t touch it” 11 Because they sleep ALL DAY and are awake ALL NIGHT, they make A LOT of noise in the early hours of the morning (2 – 6am) including pounding, banging and other loud noises They bang doors and generally have no respect for other people’s right to peace and quiet

Justin responded 11:29am on February 19, 2013 stating,

“we read your email and want you to know that we can put a mini fridge in your room, and try to get it so that you can keep everything in your room Also I will talk to Tyler and his girlfriend about all this Hopefully we can make it so that you can get most of your items in your room, and possibly settle this dispute We want to make it so that shared living will work well for you both so that everyone can live good and save money”

I sent a text message to Justin at 2:54am on February 23, 2013 indicating Tyler and Kecia’s behaviors had woken me from a sound sleep at 2:45am because they were drunk, fighting, slamming doors and disrupting the building. I sent an email to Justin at 5:14am on February 23, 2013:

I sent you a text message at 2:54am because I was woken from a sound sleep by slamming doors at 2:45am which provoked a heated verbal confrontation. They both were drunk. Keisha had to be physically dragged away from my door by Tyler because she was getting ready to provoke a physical confrontation. They are making wild accusations about Keisha being “highly allergic” to the cats (despite specifically telling me that she was not allergic when I asked them about it the day I moved in) as well as other slanderous statements which are completely fabricated and untrue They are obviously going to say whatever they can to try to “level the playing field” since they have now gotten themselves into trouble.


AUGUSTA, MAINE


I hope you can see that giving this any time to “work itself out” will most probably escalate into something much more serious than it is now. They need to leave. Now that I’m back in my hometown I can get a job to supplement my income because I really do NOT want to have a roommate. How much would it cost me to rent this entire apartment?

I never received any written or verbal response from RAY CORPORATION. I sent an email to Ray Corporation and Justin at 3:22am on February 24, 2013:

Dear Bernice and Justin, First, I need to reiterate your declaration about “Respectful and responsible people need only call”. As I told Justin the other day, that message was the catalyst that convinced me to call and agree to move in. However, my experiences with my roommates have been contrary to that condition and I am now making plans to move out asap. I do not lodge worthless complaints about neighbors or co-tenants; I make statements only when their behaviors are obviously disrespectful and interfere with my right to live peacefully. Since I have been here for the past three weeks, it has become obvious that Tyler and Keisha do not have respect for their housemates nor for their landlords Their behaviors are disrespectful, immature, irresponsible and borderline dangerous. If you truly want only “respectful and responsible people” in your buildings, you will give my complaints the consideration they deserve. When a situation like this occurs, the ONLY people who know the truth about the troublemakers are the people who live with the troublemakers It is impossible for anyone else to know the situation unless they are living with it personally. It seems to me that the only time a situation is changed is when the decision-maker (landlord) lives with the troublemakers personally. Otherwise, the only people who know the truth are the people who are complaining about the problems and the people who are creating the problems The end result is always the same – someone moves out because of the troublemakers’ behaviors. My rent is due this week.


AUGUSTA, MAINE


I was originally planning to pay for the entire month of March, but I am now considering a different choice because of my roommates. I am a responsible and respectful adult who is looking for a quiet, peaceful and respectful place to live If I cannot find that at 3 Washington Street Place, I will find another place to live immediately. If March 1st arrives and Tyler and Keisha are still living here, I will be paying my rent by the week only so I can have money to immediately find another apartment for just myself. Would you be willing to rent this entire apartment to me? If yes, how much would my monthly rent be ? Thank you for your attention to this situation. Gina Turcotte

I never received any written or verbal response from RAY CORPORATION. I sent an email to Ray Corporation at 8:19am on March 4, 2013:

I told Justin that I was not going to complain anymore because I feel my complaints are being totally ignored However, this morning at 8:08am, I heard Tyler assault Keisha in their room and I heard Keisha say, “oh you wanna punch me now?? Go ahead! Punch me again!!” I also felt the building shake just before i heard Keisha speak to Tyler How much more disrespect has to occur before you will enforce YOUR lease terms ?? I feel VERY UNSAFE here now that I know for a fact that Tyler HITS WOMEN !!!!! Do I need to file a civil lawsuit against Tyler, Keisha and anyone else who is breaching the lease terms ?? Please advise immediately before I make my next decisions

I sent an email to Ray Corporation at 9:11am on March 4, 2013:

This was recorded at 2am on March 3rd after I was awoken by drunken Keisha, Tyler and 3 of their DRUNK friends FIGHTING in the kitchen I opened the door to my room and VERY QUIETLY and RESPECTFULLY asked them to please be quiet Their 3 friends left immediately and Keisha and Tyler


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went into their room and continued to fight, which I recorded for your listening pleasure A HIGHER STANDARD of respect needs to be exercised in a shared living situation and your help is required to remove the violence and unsafe conditions from this property immediately Here is the link to the recording http://peacividspeacivistorg/audio/3SH11DY49KB4/Keisha-and-Tyler-fighting-at-2am-on-March-3-2013

I never received any written or verbal response from RAY CORPORATION. I sent an email to Ray Corporation at 8:22am on March 14, 2013:

Tyler and Kecia were fighting again this morning at 3am They were so loud that someone else in the building called the police Tyler is a VIOLENT LIAR who hits women How much longer are you going to allow him to stay here? I recorded this morning’s events for your review http://peacividspeacivistorg/audio/RMDGXXAXMY9N/Tyler-amp-Kecia-Fighting-at-3am-March-14-2013

Ray Corporation responded at 9:06am on March 14, 2013:

“he has been given an eviction notice a week ago however the legal system takes time we truly are working on it sorry for the inconvenience”

Brandon telephoned me at 12:30pm on March 28, 2013 to discuss various items including my recent interactions with Tyler Robinson and Kecia Gallant. Brandon indicated that he had spoken with Tyler Robinson who indicated “things were calm” between us for the past couple weeks. I clarified for Brandon that the “calmness” only existed because I removed all of my personal possessions from all common areas and that I made a point to stay in my room when Tyler and Kecia are in the common space. Brandon indicated that Ray Corporation does not want to be known as landlords who rent to tenants who attract the police and that Ray Corporation in fact were going to move forward with the eviction notice which had been served on Tyler Robinson on or about March 7, 2013, as indicated by Ray Corporation’s email of March 14, 2013.


AUGUSTA, MAINE


I overheard Justin speaking with Tyler Robinson and Kecia Gallant on March 29, 2013 offering to move them into a different building until Tyler and Kecia objected. I then overheard Justin speaking a second time on March 29, 2013 with Tyler Robinson and Kecia Gallant offering to move them into Unit 3 in this building until those tenants (Lance and Beth) objected. I then overheard and observed Justin give Tyler Robinson a key to Unit 2 on March 29, 2013 and observed Tyler Robinson and Kecia Gallant move some of their possessions upstairs that evening. I sent an email to Ray Corporation at 7:15pm on March 30, 2013:

So what is the real story with Tyler and Kecia?? In the past 72 hours I’ve been told or heard 4 DIFFERENT stories … On Thursday last week, Brandon called and told me they were being evicted because Ray Corp “doesn’t want to be known as landlords who rent to people who attract the police” On Friday I heard Justin offer to move them to a different building up the street … then he offered to move them into Unit 3 in this building until those tenants objected… and then he gave them the key to an upstairs room instead … I saw them move some stuff upstairs that night but now I am hearing them say THEY ARE NOT MOVING ANYWHERE … WHAT IS THE REAL STORY? Do you seriously believe that Tyler and Kecia will be any quieter or more respectful upstairs than they are downstairs? The only difference will be the people upstairs probably will not record the fights for you to hear for yourself so there will be no evidence for you to base your decision on, except the calls to the police perhaps… Is my evidence not enough for you to follow through with the eviction based on their obvious breach of the lease and disrespect for the people in the building? This is a serious matter which I hope you resolve appropriately and immediately as I was told by Brandon last week and via email earlier this month Ray Corporation’s choice to continue to rent to Tyler Robinson is a direct and serious threat to the safety of the women on the property and a serious disturbance to everyone’s peace and quiet Gina Turcotte


AUGUSTA, MAINE


PS Tyler and Kecia continue to slander my name to you and the other tenants on the property by saying that I have broken into their room THREE TIMES (which is a felony crime) and that I have broken the microwave and done other destructive actions when there is not a shred of evidence or motive for that kind of behavior from me I will be serving them with a “CEASE AND DESIST” letter in the very near future advising them that if they continue to slander my name they will be facing a civil lawsuit for defamation of character and injury to my dignity which are both actionable causes Please heed this situation with Tyler and Kecia with the seriousness it requires

I overheard Justin speaking with Kecia Gallant INSIDE MY UNIT on April 8, 2013 where Kecia was making slanderous and defamatory allegations of a criminal nature against me. I sent an email to Ray Corporation at 12:28pm on April 9, 2013 attaching each copy of the FORMAL LEGAL NOTICE to CEASE and DESIST DEFAMATORY REMARKS and NOTICE OF BREACH OF LEASE which were personally delivered that morning to Tyler Robinson and Kecia Gallant:

After enduring and witnessing yet another slanderous and defamatory attack by Kecia yesterday while she was speaking with Justin inside my apartment , I had no other choice but to serve both Tyler and Kecia with the attached notices this morning I handed them to Kecia personally One notice is informing them of their breach of the lease terms, particularly Section 11, and the second notice is my formal legal notice ordering them to cease and desist making further defamatory remarks about me Since you have chosen to reaffirm your business contract with Tyler and Kecia and have allowed them to continue to live here, I have been forced to take the situation into my own hands to protect my name and reputation I have attached 4 documents to this message 2 documents for each Tyler and Kecia For your eyes and information only After they arrived home from work this morning, they removed their bicycles and beer bottles from my porch but intentionally left the bed frame and boxspring dangerously in front of my entrance door So when I awoke at 5:30am this morning and opened my front door, this is what I found:

<< photo of boxspring and frame blocking outside entry door >> I have moved the boxspring and frame back to the side of the porch


AUGUSTA, MAINE


Your response is not necessary I sent an email to Ray Corporation at 2:52pm on April 18, 2013:

As I told Justin earlier this month, the IRS has recently taken unlawful action against me and has confiscated a portion of my monthly income which now cannot be resolved until I request the proper hearing and procedures … their confiscation put me in a financially difficult situation in that I am now late on my rent for the past 2 weeks of this month which I cannot pay until May 3rd when I receive my next deposit In trying to resolve this problem, I am asking if you are willing to give me at least a partial credit toward my April rent in consideration of the unnecessary, violent, disturbing and breaching behaviors of Tyler and Kecia and how that has interfered with my right to live peacefully as guaranteed by your lease agreement If you are not willing to grant me that consideration, I am willing to pay a reasonable additional rent each month to avoid eviction proceedings It is important that you know that Tyler’s and Kecia’s disruptive behaviors have continued despite being given adequate warnings and being allowed to move into Unit 2 Specifically, I was once again awoken by Tyler, Kecia, and 3 of their friends who were outside in the yard at 3am this past Saturday PHYSICALLY FIGHTING behind the dumpster The very next day I heard Kecia at 3:15am screaming at Tyler and slamming doors in Unit 2 Tyler and Kecia are the only tenants who disturb the peace of this building but you continue to allow them to live here, primarily because of their timely rent payments despite the numerous reasonable complaints lodged against them I have not said anything to either Tyler, Kecia or anyone on the property about the disruptive noises I am hoping Priscilla has been reporting the noises to you as I am sure her peace is now being disrupted Since I am now in a difficult situation, I am asking that you show me some consideration and either forgive some of my rent or allow me to make reasonable arrangements to pay my rent without putting unnecessary strains on my budget or subjecting me to eviction proceedings I can afford to pay up to, but no more than, $50/mth toward the $315 I owe you for April 2013 rent I plan to give you a check for no less than $420 on May 3rd for the rent that would be currently owed at that time


AUGUSTA, MAINE


Please let me know how you want to handle this situation Thank you for your consideration

I received an email from Bernice on April 22, 2013, acknowledging, in part,

“We know that the fellow tenants have been difficult We are also being gracious to you in allowing your back rent to accumulate We will wait until the 3rd, for rent and will allow you to catch up on the back rent at an extra $30 per month, or until confiscated funds have been returned ”

Ray Corporation unreasonably disregarded an opportunity to resolve your BREACH OF LEASE by rejecting my request for forgiveness of the alleged rent arrearage of $315. I sent an email to Ray Corporation at 4:32pm on April 22, 2013 agreeing to make extra payments for the alleged rent arrearage to avoid eviction proceedings:

Thank you for your response and grace. I will pay you $450 on May 3rd which will represent a full month for $420 plus $30 toward the $315 owed

I sent an email to Ray Corporation at 6:44am on April 28, 2013:

As I predicted, Tyler and Kecia are still going at it and the police JUST left because of their fighting again … The time is 6:40am … Tyler and Kecia have been fighting ALL WEEKEND and Tyler has been assaulting Kecia ALL WEEKEND … My new roommate, Lawrence, heard it for himself between 1a – 3a yesterday morning … WHEN ARE YOU GOING TO UPHOLD YOUR LEASE TERMS WITH TYLER AND KECIA AND EVICT THEM FOR VIOLENT DISTURBANCES TO THE BUILDING’S PEACE AND QUIET ??????? YOU ARE HEREBY NOTIFIED THAT RAY CORPORATION IS NOW IN BREACH OF CONTRACT… You have 30 days to evict Tyler and Kecia and MOVE THEM OUT or face civil lawsuit for BREACH OF CONTRACT with me …

Ray Corporation did not communicate with me about evicting Tyler and Kecia leading me to believe, through their lack of communication, that they are maintaining their professional relationship with Tyler Robinson and Kecia Gallant despite the breach.


AUGUSTA, MAINE


On May 25, 2013 at 12:30pm, I observed Justin personally helping Tyler Robinson remove Tyler’s possessions from Unit 2, load them into Justin’s personal pickup truck and transport them off the property. I have not received any communications from Ray Corporation indicating compliance with your lease terms and the effective eviction of Tyler Robinson and Kecia Gallant. Based on the factual information I have, it is reasonable to conclude that Justin moved Tyler Robinson and Kecia Gallant into another Ray Corporation building. I sent an email to Ray Corporation at 11:24pm on June 1, 2013:

Do you realize the man you just rented the loft to on Friday, Scott Randall Andrews, is a REGISTERED SEX OFFENDER CONVICTED OF 3 SEX OFFENSES ?????? Do you understand that YOUR ACTIONS BREACH OUR CONTRACT AND PUT ALL WOMEN AND CHILDREN IN THE BUILDING AT RISK FOR SERIOUS INJURY ??????? DO YOU UNDERSTAND HOW UNSAFE THIS BUILDING IS NOW THAT SCOTT RANDALL ANDREWS LIVES HERE ???? YOU HAVE BREACHED YOUR DUTY TO KEEP ME SAFE FROM ANY HARM. I AM SUSPENDING AND DISCHARGING ALL RENT PAYMENTS WHILE SCOTT RANDALL ANDREWS LIVES IN THIS BUILDING AS A RESULT OF YOUR BREACH. http://sor.informe.org/cgi-bin/sor/step3.pl?id=1553&search=1&last_name=ANDREWS&first_name=SCOTT&limiter= Individual Profile Name: Scott Randall Andrews Aliases: Scott Randall Anderson , Randall thurlow Andrews , Scott P Andrews Scott Paul Andrews , Scott R Andrews , Scott Andrews Scott andrew Andrews , Randall Scott , Randal Thurlow Randall P Thurlow , Randall Paul Thurlow , Randall Thurlow Randy Thurlow , Scott Thurlow , Randall aka scott Paul Thurlow aka andrews Randallakascott Paul Thurlowakaandrews


AUGUSTA, MAINE


Date of Birth: 11/11/1959 Physical Description: 5' 10" tall 222 lbs 54 years of age Blue eyes White Male Physical: 90 Mt Vernon Ave Apt 1 Box 1 Augusta, ME 04330 Kennebec County Address last verified on: 04/10/2013 Place of employment: Joe Bonney Employment Location: middle Rd Sidney, ME 04330 Kennebec County SORA#: 1553 Registrant Type: LIFETIME REGISTRANT Verification Period: 90 Days Next Verification Date: 2013-06-05 Convictions Statute: 17-A MRSA (253)(1)(A) Offense: Gross sexual assault Statutory Description: Engage in a sexual act as a result of compulsion. Modifier: Attempt Case #: CR-1993-00692 Court: Superior Court Portland Statute: 17-A MRSA (253)(2)(H) Offense: Gross sexual assault Statutory Description: Engaging in a sexual act with another person and the other person has not in fact attained the age of 18 years and the actor is a parent, stepparent, foster parent, guardian or other similar person responsible for the long-term care and welfare of that other person. Modifier: Attempt Case #: CR-1993-00692 Court: Superior Court Portland Statute: 99 MRSA Offense: Rape Modifier: Attempt Case #: CR 81-1473 Court: Superior Court Portland


AUGUSTA, MAINE


I sent an email to Ray Corporation at 8:00am on June 2, 2013:

Since RAY CORPORATIONS has callously and selfishly served your own needs and have blatantly disregarded the safety needs of the women and children in the building, I have posted the following notice on the FRONT OF THE BUILDING to let EVERYONE KNOW there is a VIOLENT RAPIST/SEX OFFENDER LIVING AT 3 WASHINGTON STREET PLACE, UNI 2, LOFT. BE ADVISED YOU ARE IN BREACH OF YOUR LEASE AND FIDUCIARY DUTY TO KEEP US SAFE. BE ADVISED THAT ALL RENT PAYMENTS ARE HEREBY SUSPENDED AND DISCHARGED FOR THE ENTIRE TIME THAT SCOTT R. ANDREWS LIVES IN THIS BUILDING.

BE ADVISED that the facts articulated above DO IN FACT ILLUSTRATE RAY CORPORATION’S WILLFUL, KNOWING, MALICIOUS BREACH OF LEASE AND BREACH OF YOUR FIDUCIARY DUTY TO ENSURE THE SAFETY, HEALTH & WELFARE OF ALL TENANTS IN ALL RAY CORPORATION BUILDINGS, WITHOUT EXCEPTION. BE ADVISED that the facts articulated above DO NOT REPRESENT the totality of disturbances within the building, but only depict complaints I have made to you about Tyler Robinson, Kecia Gallant and Scott Randall Andrews.

PERTINENT LEASE TERMS BE ADVISED these LEASE TERMS are PERTINENT to this NOTICE OF CLAIM: 2 Co-Tenants: “… Tenant expressly agrees to perform the obligations and make the payments required under this lease without regard to any performance by any other co-tenant”. 8 Use of Property: “No…activity…conducted, which is illegal, noisy or dangerous”. 9 Tenant’s Duty to Maintain Premises: “… The Tenant will keep the dwelling unit in a clean and sanitary condition and free from vermin and rodents and will otherwise comply with all state and local laws requiring tenants to maintain rented premises…” 11 Noise/Disturbances/Compliance with Laws: “… The Tenant agrees not to allow on the premises any excessive noise or other activity which disturbs the peace and quiet of neighbors or other Tenants in the building. The Landlord agrees to prevent other Tenants and other persons in the building or common areas from similarly


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disturbing the Tenant’s peace and quiet. Tenant shall not engage in any activity which is a violation of law, whether Federal or State, or any municipal ordinance and any such activity shall be grounds for immediate termination of this lease”. 14 Repair and Maintenance: “The Landlord will provide and maintain the building and grounds appurtenant to the dwelling unit in a decent, safe and sanitary condition and will comply with all state and local laws, regulations and ordinances concerning the condition of the dwelling units which at a minimum must be maintained in a decent, safe and sanitary condition The Tenant will notify the Landlord of dangerous conditions or the need for repairs on the premises, and will guard against loss or risk to himself and others until such time as the Landlord has had a reasonable opportunity to address the problem… Tenant is responsible for cleaning his or her separate bedroom and any dishes and soiling, he or she may do, in the common area”. 16 Retaliation: “If the Tenant reasonably and peacefully exercises any right granted under this Lease Agreement or any local, state, or federal law, the Landlord agrees not to retaliate against or harass the Tenant in any way, specifically including but not limited to eviction or threat of eviction, rent increase or services decrease, or substantial alteration of lease terms”. 19 Legal Proceedings: “If either party commences a lawsuit against the other to enforce any provision of this Agreement, the successful party may be awarded reasonable attorney’s fees and court costs from the other”. 20 Breach: “Any violation of the provisions of this Agreement by the Tenant will be deemed to be a breach of the lease… Tenant will be subject to forcible entry and detainer action (eviction), as well as suit for damages Any false or misleading information provided by the Tenant in an application for tenancy will be considered a breach of this agreement and the Landlord will have the right to cancel and terminate this agreement immediately and all deposits will be forfeited in favor of the Landlord as liquidated damages”. 21 Indemnification: “… Tenant agrees to defend, indemnify and hold the Landlord harmless from any loss, damage, claim demand, suits, judgment or liabilities … unless such loss or damage was occasioned by the negligence of the Landlord or its agents”. 22 Notices: “All notices required by this Agreement will be in writing and will be given to the other party as follows: To the Landlord: 571 Sabattus St, Lewiston, ME 04240”.

MAINE LAWS and RULES OF CIVIL PROCEDURE BE ADVISED these LAWS and RULES are PERTINENT to this NOTICE OF CLAIM:

<< see attached addendum >>


AUGUSTA, MAINE


LIABILITY Ray Corporation’s liability is outlined below, pursuant to the following clauses of your lease terms, Maine laws and rules of civil procedure: The FACTS and EVIDENCE articulated above, substantiates that Ray Corporation claims to do business with “Respectful and responsible people …only” and that Ray Corporation did in fact make an express warranty to that effect pursuant to 11 MRSA §2-313 and §2-1210 as well as indicating the premises “shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation” pursuant to 14 MRSA §6021(2) which was posted in an “advertisement addressed to the public or to a substantial number of persons, in connection with the promotion of [your] business, occupation or profession or to increase the consumption of specified property or service” pursuant to 17-A MRSA §901(1)(G). Ray Corporation, advertised, offered and entered an “at will” consumer lease contract with me under weekly payment terms of $105.00 with $105.00 security deposit and the understanding that my continued tenancy would be contingent upon the good behaviors of the building tenants and Ray Corporation’s responses and remedies. Ray Corporation and I perfected our lease contract for $105.00 per week through our repeated, mutual performance based on those specific terms. Ray Corporation evidently and immediately breached our contract through allowing Tyler Robinson and Kecia Gallant to disrupt the peace and quiet of the entire building and placing me at risk for physical, emotional and legal injury resulting from Tyler Robinson and Kecia Gallant’s unlawful, violent and dangerous behaviors. The FACTS and EVIDENCE, articulated above, substantiates the fact that I in fact renounced my intention to make monthly rent payments resulting from your breach by refusing to protect my SAFETY, HEALTH and WELFARE and to ensure peace.

11. Noise/Disturbances/Compliance with Laws: “…The Landlord agrees to prevent other Tenants and other persons in the building or common areas from similarly disturbing the Tenant’s peace and quiet…”

The FACTS and EVIDENCE, articulated above, indicate that, from February 16, 2013 through May 25, 2013, I lodged numerous valid, reasonable and actionable complaints to you and the Augusta Police Department against Tyler Robinson and Kecia Gallant for several violations of your lease terms and various Maine laws, including, but not limited to:

17-A MRSA §151 CRIMINAL CONSPIRACY, 17-A MRSA §207-A DOMESTIC VIOLENCE ASSAULT, 17-A MRSA §209 CRIMINAL THREATENING,


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17-A MRSA §209-A DOMESTIC VIOLENCE CRIMINAL THREATENING, 17-A MRSA §211 RECKLESS CONDUCT, 17-A MRSA §211-A DOMESTIC VIOLENCE RECKLESS CONDUCT, 17-A MRSA §501-A DISORDERLY CONDUCT

The FACTS and EVIDENCE, articulated above, substantiates that Ray Corporation did in fact breach Clause 11, numerous times, in your willful and unreasonable refusal to notify Tyler Robinson and Kecia Gallant of their breach of lease terms, or immediately evict them for violating Maine laws, because, as you said many times, “they pay their rent like clockwork”. Ray Corporation’s willful and unreasonable refusal to enforce Clause 11, prejudicially in favor of Tyler Robinson and Kecia Gallant’s timely rent payments, did in fact disturb my peace and did seriously and materially endanger my SAFETY, HEALTH and WELFARE which did in fact cause me serious physical and emotional injury. Ray Corporation (Brandon) did in fact lie to me on March 28, 2013 when he called to tell me Tyler Robinson and Kecia Gallant were being evicted because Ray Corporation does not want to be known as landlords who rent to tenants who attract the police. Ray Corporation (Justin) then affirmed your business relationship with Tyler Robinson and Kecia Gallant on March 29, 2013 by giving them a different key and allowing them to move into Unit 2. Ray Corporation knew, or should have known, that your act of giving Tyler Robinson and Kecia Gallant a different key for a different unit in the building, or any building under Ray Corporation’s ownership, was effectuating a new lease contract and in fact did nullify the eviction action previously begun against them. Ray Corporation (Justin) has been witness to the barrage of slanderous and defamatory criminal accusations against me by Tyler Robinson and Kecia Gallant in their attempt to prejudice you in their favor, which evidently worked for three months resulting in unjust enrichment for Ray Corporation.

14 Repair and Maintenance: “The Tenant will notify the Landlord of dangerous conditions … and will guard against loss or risk to himself and others until such time as the Landlord has had a reasonable opportunity to address the problem…” The FACTS and EVIDENCE show that I sent you an email on February 16, 2013 at 4:39pm stating, in part, “I have never dealt with a situation like this before and would appreciate your help to immediately resolve this problem before it becomes a serious issue.”, and another email was sent to you on March 4, 2013 at 9:11am stating, in part, “at 2am on March 3rd … I was awoken by drunken Keisha, Tyler and 3 of their DRUNK friends FIGHTING in the kitchen ... A HIGHER STANDARD of respect needs to


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be exercised in a shared living situation and your help is required to remove the violence and unsafe conditions from this property immediately.” The FACTS and EVIDENCE show that I served Tyler Robinson and Kecia Gallant, individually, on April 9, 2013, with a FORMAL LEGAL NOTICE to CEASE and DESIST DEFAMATORY REMARKS and NOTICE OF BREACH OF LEASE. Ray Corporation received a copy of those notices to Tyler Robinson and Kecia Gallant, with a comment from me, stating in part, “Since you have chosen to reaffirm your business contract with Tyler and Kecia and have allowed them to continue to live here, I have been forced to take the situation into my own hands to protect my name and reputation.” Ray Corporation demonstrated preferential and prejudicial behavior in favor of Tyler Robinson and Kecia Gallant by allowing them to move into Unit 2 despite abundant evidence of their illegal, violent and breaching behaviors. Ray Corporation did in fact receive complaints from Priscilla, the other female tenant in Unit 2, immediately upon Tyler Robinson and Kecia Gallant moving into that space on April 5, 2013. Ray Corporation did in fact start to receive complaints from more than one tenant in the building upon moving Tyler Robinson and Kecia Gallant into Unit 2. Ray Corporation did in fact maliciously ignore the multiple complaints by Priscilla, myself and the other tenants about Tyler Robinson and Kecia Gallant in favor of Tyler Robinson and Kecia Gallant because “they pay their rent like clockwork”. Ray Corporation did in fact conspire with Tyler Robinson and Kecia Gallant essentially allowing them to cause continuous, violent, and dangerous disturbances to my peace, safety, health and welfare which did in fact cause me serious physical, emotional and financial injury. Ray Corporation did in fact receive unjust enrichment for thirteen (13) weeks at $120 per week in the total amount of $1,560.00 which they received in rent payments from Tyler Robinson and Kecia Gallant as a direct result of Ray Corporation conspiring with Tyler Robinson and Kecia Gallant to allow them to continue living in this building without any sanctions for their illegal, violent and breaching behaviors. Ray Corporation evidently favored timely rent payments above all else and gave no regard whatsoever to the emotional distress caused by Tyler Robinson and Kecia Gallant’s illegal, violent and breaching behaviors and how those behaviors did in fact cause serious emotional distress and physical injury to me and the other tenants.


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I sent an email to Ray Corporation on April 18, 2013 asking, in part, “I am asking if you are willing to give me at least a partial credit toward my April rent in consideration of the unnecessary, violent, disturbing and breaching behaviors of Tyler and Kecia and how that has interfered with my right to live peacefully as guaranteed by your lease agreement.” Ray Corporation willfully and strategically chose to ignore my settlement offer and instead did threaten me with an unfair inference of eviction by responding, in part, “According to our records your last payment was April 4th. By May 3rd you will owe $420. Typically we would begin the eviction process by this time. However, you have shown yourself in the past, to be a person who pays their rent. I remember when you first went in I asked for the entire month up front (as is typical when their is a monthly check) but made an exception because you claimed you paid on a weekly basis at your previous rent, and handled your finances well…We know that the fellow tenants have been difficult. We are also being gracious to you in allowing your back rent to accumulate. We will wait until the 3rd, for rent and will allow you to catch up on the back rent at an extra $30 per month.” As I told Ray Corporation in the April 18th email, “… If you are not willing to grant me that consideration, I am willing to pay a reasonable additional rent each month to avoid eviction proceedings…”. Again in my response on April 22nd after observing your unwillingness to show me the same amount of grace as you showed Tyler Robinson and Kecia Gallant, I agreed, “I will pay you $450 on May 3rd which will represent a full month for $420 plus $30 toward the $315 owed.” As agreed, I made a payment by check on May 3, 2013 in the amount of $450.00 which in fact cleared my bank on May 7, 2013, which constituted $315 for the remainder of April rent, now paid in full, and $135.00 toward May rent, with a balance allegedly currently owed of $285.00 as of May 31, 2013. BE ADVISED that I am exercising my rights pursuant to 11 MRSA §2-1401 INSECURITY; ADEQUATE ASSURANCE OF PERFORMANCE, (1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired; and (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance. Until the insecure party receives that assurance… the insecure party may suspend any performance for which the insecure party has not already received the agreed return. BE ADVISED that your breach of your fiduciary duty to ensure the SAFETY, HEALTH AND WELFARE of your tenants has interfered with my contractual performance and that your prejudicial choices have created reasonable grounds for my insecurity which have arisen as a direct result of your contributory negligence regarding Tyler Robinson and Kecia Gallant breaching behaviors.


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BE ADVISED that, as evidenced by the numerous email messages and voice conversations between Ray Corporation and myself, Ray Corporation has been well aware that you are in DEFAULT under your lease terms with me and that I have properly notified you of your BREACH OF CONTRACT on more than one occasion.

DAMAGES

BE ADVISED that your lease contract does not provide any remedies for the tenant in case of any breach by Ray Corporation. You have, however, provided explicit remedies for Ray Corporation in case of a tenant’s breach of the lease terms, if and when you choose to exercise those rights. BE ADVISED that in consideration of Ray Corporation’s lease terms, Clause 20 Breach: “Any violation of the provisions of this Agreement … will be deemed to be a breach of the lease… Any false or misleading information … will be considered a breach of this agreement …”, I am hereby notifying you that you are in BREACH of our lease contract in that you provided false and misleading information about Ray Corporation only renting to “Respectful and responsible people” ; and BE ADVISED that, pursuant to Clause 21 Indemnification, this NOTICE OF CLAIM is being issued because my “… loss or damage was occasioned by the negligence of the Landlord or its agents”. BE ADVISED that I am peacefully, lawfully and legally exercising my rights and remedies pursuant to 11 MRSA §2-1501 DEFAULT; PROCEDURE, (1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this Article; and (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this Article and, except as limited by this Article, as provided in the lease agreement; and (3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration or the like, in accordance with this Article. BE ADVISED that your behavior has provoked me to exercise my rights under 11 MRSA §2-1504 LIQUIDATION OF DAMAGES, (1) Damages payable by either party for default or any other act or omission…may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission. BE ADVISED that if I had known the type of people I would be forced to live with I would have refused to contract with you; and, since you have willfully breached your express warranty that you only rent to “Respectful and responsible people”, I am


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exercising my rights and remedies pursuant to 11 MRSA §2-1508 LESSEE’S REMEDIES:

(1) If a lessor fails to deliver the goods in conformity to the lease contract … the lessor is in default under the lease contract and the lessee may:

(a) Cancel the lease contract (section 2-1505, subsection (1)); (b) Recover so much of the rent and security as has been paid and

is just under the circumstances; (c) Cover and recover damages as to all goods affected, whether or

not they have been identified to the lease contract (sections 2-1518 and 2-1520) or recover damages for nondelivery (sections 2-1519 and 2-1520); or

(d) Exercise any other rights or pursue any other remedies provided in the lease contract.

(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (section 2-1522); or (b) In a proper case, obtain specific performance

(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner subject to section 2-1527, subsection (5) (6) Subject to the provisions of section 2-1407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.

11 MRSA §2-1519 LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 2-1504), or otherwise determined pursuant to agreement of the parties (section 1-1302 and section 2-1503) if a lessee elects not to cover or a


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lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under section 2-1518, subsection (2) or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages minus expenses saved in consequence of the lessor's default. (2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. (3) Except as otherwise agreed, if the lessee has accepted goods and given notification (section 2-1516, subsection (3)) the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages minus expenses saved in consequence of the lessor's default. (4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages minus expenses saved in consequence of the lessor's default or breach of warranty.

11 MRSA §2-1520 LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

(1) Incidental damages resulting from a lessor's default include expenses reasonably incurred … incident to the default. (2) Consequential damages resulting from a lessor's default include:

(a) Any loss resulting from general or particular requirements and needs of which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; and.

(b) Injury to person or property proximately resulting from any breach of warranty

11 MRSA §2-1521 LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances. (2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court determines just.


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(3) A lessee has a right of … claim and delivery … if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.

BE ADVISED that, from my calculations, you have received unjust enrichment from Tyler Robinson and Kecia Gallant in the amount of one thousand five hundred sixty dollars ($1,560.00) for 13 weeks of rent which you would not have received if you had properly evicted them in February after you received my first substantiated complaint of their violence and breaching behaviors. BE ADVISED that, based on my written receipts to date, beginning February 8, 2013, I have paid one thousand three hundred ninety five dollars ($1,395.00) for Unit 1. BE ADVISED that, from my calculations, you have received a total of two thousand nine hundred fifty five dollars ($2,955.00) for two (2) consumer lease contracts based on express warranties which you knowingly breached from their inception. BE ADVISED that your breaching, prejudicial and callous behaviors did in fact cause me serious physical and emotional injury resulting directly from being forced to experience severe domestic violence as a helpless bystander, within my private home, which in fact put my SAFETY, HEALTH and WELFARE at risk of injury resulting from Ray Corporation’s selfish and contemptible actions.

REMEDIES BE ADVISED that I am making the following settlement offer and ask that you: 1. FORGIVE, DISCHARGE and EXCUSE all alleged arrearages currently

calculated at $285.00, for the remainder of May 2013. 2. FORGIVE, DISCHARGE and EXCUSE six months future rental payments

assessed at $420 each, totaling $2520.00. 3. IMMEDIATELY REMOVE SCOTT RANDALL ANDREWS FROM THE

PROPERTY.

4. SCREEN CRIMINAL BACKGROUND HISTORY, including public police reports from towns of tenants’ prior residence, for all future tenants, purging those applicants with violent criminal backgrounds or a history with police.

5. IMMEDIATELY RESPOND to urgent requests after office hours and weekends. 6. ACT IMMEDIATELY to PROPERLY RESOLVE ALL FUTURE DISTURBANCES.


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7. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty to ensure SAFETY, HEALTH and WELFARE of your tenants from injury by other tenants.

8. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 8 Use

of Property: a. “No…activity…conducted, which is illegal, noisy or dangerous”.

9. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 11

Noise/Disturbances/Compliance with Laws: a. “The Landlord agrees to prevent other Tenants and other persons in the

building or common areas from similarly disturbing the Tenant’s peace and quiet.”

10. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 14

Repair and Maintenance, which MUST include evicting all dangerous, violent and disruptive tenants a. “The Landlord will provide and maintain the building and grounds

appurtenant to the dwelling unit in a decent, safe and sanitary condition and will comply with all state and local laws, regulations and ordinances concerning the condition of the dwelling units which at a minimum must be maintained in a decent, safe and sanitary condition”.

11. AFFIRM, UPHOLD and ADHERE TO your fiduciary duty under Clause 16 Retaliation: a. “If the Tenant reasonably and peacefully exercises any right granted

under this Lease Agreement or any local, state, or federal law, the Landlord agrees not to retaliate against or harass the Tenant in any way, specifically including but not limited to eviction or threat of eviction, rent increase or services decrease, or substantial alteration of lease terms”.

BE ADVISED that you are obligated to respond, immediately in writing, specifically accepting those remedies with which you agree. BE ADVISED that you are obligated to respond, immediately in writing, with a fair and reasonable counter-offer to any remedies with which you disagree. BE ADVISED that a reasonable settlement to resolve your default includes your forgiveness of any alleged rent arrearage and no less than three (3) months rent, which represents the same length of time you refused to enforce your lease terms with Tyler and Kecia, not including damages for moving Scott Randall Andrews into the building knowingly creating an unsafe, dangerous and terroristic environment; you are callously, maliciously and repugnantly forcing me to live in unsafe, violent and unsettling conditions. BE ADVISED that I am withholding SIX months’ rent, at $420 each, in addition to $285 alleged rent arrearage, totaling two thousand eight hundred five dollars

GINA LYNN TURCOTTE

3 WASHINGTON STREET PLACE, UNIT 1 AUGUSTA, MAINE

($2,805.00), for your default and damages pursuant to 11 MRSA §2-1508 LESSEE'S REMEDIES, as described above.

BE ADVISED that this NOTICE OF CLAIM effectively discharges, forgives and sets aside all rental obligations for the rest of MAY, all of JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER and NOVEMBER 2013 as a result of your default and damages for BREACH OF CONTRACT, if I am not able to find alternative housing.

BE ADVISED that these negotiations are being initiated prior to my filing suit against you for BREACH OF CONTRACT, inter alia, because you have chosen to ignore the severity of your breaching behavior and its seriously injurious effects on my life.

BE ADVISED that if you choose to initiate eviction action against me instead of settling this matter privately, peacefully and reasonably, I will raise the affirmative defenses of BREACH OF WARRANTY OF HABITABILITY and BREACH OF CONTRACT in defense of any retaliatory illegal actions commenced by you.

BE ADVISED this NOTICE OF CLAIM and REQUEST FOR SETTLEMENT is being sent resulting from your repeated violations of your lease contract and my rights.

BE ADVISED that I am reaffirming our rental agreement under its current terms in the amount o($105 per week, $420 per month, including all utilities, cable tv and wireless internet service, with full payments resuming on DECEMBER 1, 2013 contingent upon RAY CORPORATION providing fair and faithful remedies adherence to all state and common laws, rules, ordinances and our individual lease terms.

WHEREFORE, I, GINA LYNN TURCOTTE, submit this NOTICE OF CLAIM and REQUEST FOR SETTLEMENT to RAY CORPORATION in good faith, under the terms of our contract, Clause 16, and do expect you to act lawfully and legally in fulfilling the remedies required herein. u DATED June3,2013 ~~ 'ftt.f:

GINA LYNN TURCOTTE 1 -

3 WASHINGTON STREET PLACE, UNIT 1 AUGUSTA, MAINE ALL RIGHTS RETAINED AND RESERVED

TENANT'S NOTICE of CLAIM and REQUEST for SETTLEMENT of25

MAINE LAWS and RULES OF CIVIL PROCEDURE BE ADVISED these LAWS and RULES are PERTINENT to this NOTICE OF CLAIM: 5 MRSA §207 UNLAWFUL ACTS AND CONDUCT

Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are declared unlawful.

5 MRSA §209 INJUNCTION; PROCEDURES

Whenever the Attorney General has reason to believe that any person is using or is about to use any method, act or practice declared by section 207 to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the State against such person to restrain by temporary or permanent injunction the use of such method, act or practice and the court may make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice, any moneys or property, real or personal, which may have been acquired by means of such method, act or practice…

5 MRSA §213 PRIVATE REMEDIES

1. Court action Any person who purchases or leases goods, services or property, real or personal, primarily for personal, family or household purposes and thereby suffers any loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by section 207 or by any rule or regulation issued under section 207, subsection 2 may bring an action either in the Superior Court or District Court for actual damages, restitution and for such other equitable relief, including an injunction, as the court determines to be necessary and proper There is a right to trial by jury in any action brought in Superior Court under this section.

1-A. Settlement offer At least 30 days prior to the filing of an action for

damages, a written demand for relief, identifying the claimant and reasonably describing the unfair and deceptive act or practice relied upon and the injuries suffered, must be mailed or delivered to any prospective respondent at the respondent's last known address A person receiving a demand for relief, or otherwise a party to any litigation arising from the claim that is the subject of the court action, may make a written tender of settlement or, if a court action has been filed, an offer of judgment If the judgment obtained in court by a claimant is not more favorable than any rejected tender of settlement or offer of judgment, the claimant may not recover attorney's fees or costs incurred after the more favorable tender of settlement or offer of judgment.

The demand requirement of this subsection does not apply if the claim is asserted by way of counterclaim or cross claim.

2. Fees and costs If the court finds, in any action commenced under this section

that there has been a violation of section 207, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action

3. Notices to Attorney General Upon commencement of any action brought

under subsection 1, the clerk of courts shall mail a copy of the complaint or other initial pleading to the Attorney General and upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the Attorney General.

4. Injunction as evidence Any permanent injunction or order of the court

issued under section 209 shall be prima facie evidence in an action brought under subsection 1 that the respondent used or employed an unfair or deceptive method, act or practice declared unlawful under section 207.

5 MRSA §214 WAIVER; PUBLIC POLICY

Any waiver by a consumer of the provisions of this chapter is contrary to public policy and shall be unenforceable and void.

10 MRSA §1212 DECEPTIVE TRADE PRACTICES

1. Lists A person engages in a deceptive trade practice when, in the course of his business, vocation or occupation, he

A. Passes off goods or services as those of another; B. Causes likelihood of confusion or of misunderstanding as to the source,

sponsorship, approval or certification of goods or services; C. Causes likelihood of confusion or of misunderstanding as to affiliation,

connection or association with, or certification by, another; D. Uses deceptive representations or designations of geographic origin in

connection with goods or services; E. Represents that goods or services have sponsorship, approval,

characteristics, ingredients, uses, benefits or quantities that they do not have, or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;

F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

G. Represents that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;

H. Disparages the goods, services or business of another by false or misleading representation of fact;

I. Advertises goods or services with intent not to sell them as advertised;

J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of, price reductions; or

L. Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding

2. Complaint In order to prevail in an action under this chapter, a complainant

need not prove competition between the parties or actual confusion or misunderstanding.

3. Application This section does not affect unfair trade practices otherwise

actionable at common law or under other statutes of this State. 10 MRSA §1213 REMEDIES

A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable Proof of monetary damage, loss of profits or intent to deceive is not required Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source. The court in exceptional cases may award reasonable attorneys' fees to the prevailing party Costs or attorneys' fees may be assessed against a defendant only if the court finds that he has willfully engaged in a deceptive trade practice. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.

11 MRSA §2-313 EXPRESS WARRANTIES BY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE

(1) Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise

(b) Any description of the goods which is made part of the basis of the

bargain creates an express warranty that the goods shall conform to the description In the case of consumer goods sold by a merchant with respect to such goods, the description affirms that the goods are fit for the ordinary purposes for which such goods are used

(c) Any sample or model which is made part of the basis of the bargain

creates an express warranty that the goods shall conform to the sample or model

(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty.

11 MRSA §2-1108 UNCONSCIONABILITY

(1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, it may enforce the remainder of the lease contract without the unconscionable clause or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief. (3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose and effect of the lease contract or clause thereof, or of the conduct. (4) In an action in which the lessee claims unconscionability with respect to a consumer lease:

(a) If the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney's fees to the lessee;

(b) If the court does not find unconscionability and the lessee claiming

unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney's fees to the party against whom the claim is made; or

(c) In determining attorney's fees, the amount of the recovery on behalf of

the claimant under subsections (1) and (2) is not controlling. 11 MRSA §2-1210 EXPRESS WARRANTIES

(1) Express warranties by the lessor are created as follows

(a) Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise

(b) Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods will conform to the description

(c) Any sample or model that is made part of the basis of the bargain

creates an express warranty that the whole of the goods will conform to the sample or model.

(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.

11 MRSA §2-1212 IMPLIED WARRANTY OF MERCHANTABILITY

(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind. (2) Goods to be merchantable must at least:

(a) Pass without objection in the trade under the description in the lease agreement;

(b) In the case of fungible goods, be of fair average quality within the description;

(c) Be fit for the ordinary purposes for which goods of that type are used; (d) Run, within the variation permitted by the lease agreement, of even

kind, quality and quantity within each unit and among all units involved;

(e) Be adequately contained, packaged and labeled as the lease agreement may require; and

(f) Conform to any promises or affirmations of fact made on the container or label

(3) Other implied warranties may arise from course of dealing or usage of trade.

11 MRSA §2-1213 IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE

Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.

11 MRSA §2-1301 ENFORCEABILITY OF LEASE CONTRACT

Except as otherwise provided in this Article, a lease contract is effective and enforceable according to its terms between the parties, against purchasers of the goods and against creditors of the parties.

11 MRSA §2-1302 TITLE TO AND POSSESSION OF GOODS

Except as otherwise provided in this Article, each provision of this Article applies whether the lessor or a third party has title to the goods, and whether the lessor, the lessee or a third party has possession of the goods, notwithstanding any statute or rule of law that possession or the absence of possession is fraudulent.

11 MRSA §2-1401 INSECURITY; ADEQUATE ASSURANCE OF PERFORMANCE

(1) A lease contract imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. (2) If reasonable grounds for insecurity arise with respect to the performance of either party, the insecure party may demand in writing adequate assurance of due performance Until the insecure party receives that assurance, if commercially reasonable, the insecure party may suspend any performance for which the insecure party has not already received the agreed return. (3) A repudiation of the lease contract occurs if assurance of due performance adequate under the circumstances of the particular case is not provided to the insecure party within a reasonable time not to exceed 30 days after receipt of a demand by the other party. (4) Between merchants, the reasonableness of grounds for insecurity and the adequacy of any assurance offered must be determined according to commercial standards. (5) Acceptance of any nonconforming delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

11 MRSA §2-1501 DEFAULT; PROCEDURE

(1) Whether the lessor or the lessee is in default under a lease contract is determined by the lease agreement and this Article. (2) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement has rights and remedies as provided in this Article and, except as limited by this Article, as provided in the lease agreement. (3) If the lessor or the lessee is in default under the lease contract, the party seeking enforcement may reduce the party's claim to judgment, or otherwise enforce the lease contract by self-help or any available judicial procedure or nonjudicial procedure, including administrative proceeding, arbitration or the like, in accordance with this Article.

(4) Except as otherwise provided in section 1-1305, subsection (1), this Article or the lease agreement, the rights and remedies referred to in subsections (2) and (3) are cumulative. (5) If the lease agreement covers both real property and goods, the party seeking enforcement may proceed under this Part as to the goods or under other applicable law as to both the real property and the goods in accordance with that party's rights and remedies in respect of the real property, in which case this Part does not apply.

11 MRSA §2-1502 NOTICE AFTER DEFAULT

Except as otherwise provided in this Article or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.

11 MRSA §2-1503 MODIFICATION OR IMPAIRMENT OF RIGHTS AND REMEDIES

(1) Except as otherwise provided in this Article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable under this Article. (2) Resort to a remedy provided under this Article or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this Article. (3) Consequential damages may be liquidated under section 2-1504, or may otherwise be limited, altered or excluded unless the limitation, alteration or exclusion is unconscionable Limitation, alteration or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration or exclusion of damages where the loss is commercial is not prima facie unconscionable. (4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this Article.

11 MRSA §2-1504 LIQUIDATION OF DAMAGES

(1) Damages payable by either party for default or any other act or omission, including indemnity for loss or diminution of anticipated tax benefits or loss or damage to lessor's residual interest, may be liquidated in the lease agreement but only at an amount or by a formula that is reasonable in light of the then anticipated harm caused by the default or other act or omission.

(2) If the lease agreement provides for liquidation of damages and that provision does not comply with subsection (1), or that provision is an exclusive or limited remedy that circumstances cause to fail of its essential purpose, remedy may be had as provided in this Article. (3) If the lessor justifiably withholds or stops delivery of goods because of the lessee's default or insolvency (section 2-1525 or 2-1526) the lessee is entitled to restitution of any amount by which the sum of the lessee's payments exceeds:

(a) The amount to which the lessor is entitled by virtue of terms liquidating the lessor's damages in accordance with subsection (1); or

(b) In the absence of those terms, 20% of the then present value of the total

rent the lessee was obligated to pay for the balance of the lease term, or, in the case of a consumer lease, the lesser of that amount or

(4) A lessee's right to restitution under subsection (3) is subject to offset to the extent the lessor establishes:

(a) A right to recover damages under the provisions of this Article other than subsection (1); and

(b) The amount or value of any benefits received by the lessee directly or

indirectly by reason of the lease contract. 11 MRSA §2-1505 CANCELLATION AND TERMINATION AND EFFECT OF CANCELLATION, TERMINATION, RESCISSION OR FRAUD ON RIGHTS AND REMEDIES

(1) On cancellation of the lease contract, all obligations that are still executory on both sides are discharged, but any right based on prior default or performance survives and the cancelling party also retains any remedy for default of the whole lease contract or any unperformed balance. (2) On termination of the lease contract, all obligations that are still executory on both sides are discharged but any right based on prior default or performance survives. (3) Unless the contrary intention clearly appears, expressions of "cancellation," "rescission" or the like, of the lease contract may not be construed as a renunciation or discharge of any claim in damages for an antecedent default. (4) Rights and remedies for material misrepresentation or fraud include all rights and remedies available under this Article for default. (5) Neither rescission nor a claim for rescission of the lease contract nor rejection or return of the goods may bar or be deemed inconsistent with a claim for damages or other right or remedy.

11 MRSA §2-1508 LESSEE’S REMEDIES:

(1) If a lessor fails to deliver the goods in conformity to the lease contract (section 2-1509) or repudiates the lease contract (section 2-1402) or a lessee rightfully rejects the goods (section 2-1509) or justifiably revokes acceptance of the goods (section 2-1517) then, with respect to any goods involved and with respect to all of the goods if, under an installment lease contract the value of the whole lease contract is substantially impaired (section 2-1510) the lessor is in default under the lease contract and the lessee may:

(a) Cancel the lease contract (section 2-1505, subsection (1)); (b) Recover so much of the rent and security as has been paid and is just

under the circumstances; (c) Cover and recover damages as to all goods affected, whether or not

they have been identified to the lease contract (sections 2-1518 and 2-1520) or recover damages for nondelivery (sections 2-1519 and 2-1520); or

(d) Exercise any other rights or pursue any other remedies provided in the lease contract

(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (section 2-1522); or (b) In a proper case, obtain specific performance or replevy the goods

(section 2-1521)

(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and provided in section 2-1519, subsection (3) (4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (section 2-1519, subsection (4)) (5) On rightful rejection or justifiable revocation of acceptance, a lessee has a security interest in goods in the lessee's possession or control for any rent and security that has been paid and any expenses reasonably incurred in their inspection, receipt, transportation, care and custody and may hold those goods and dispose of them in good faith and in a commercially reasonable manner subject to section 2-1527, subsection (5) (6) Subject to the provisions of section 2-1407, a lessee, on notifying the lessor of the lessee's intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.

11 MRSA §2-1509 LESSEE'S RIGHTS ON IMPROPER DELIVERY; RIGHTFUL REJECTION

(1) Subject to the provisions of section 2-1510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods. (2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.

11 MRSA §2-1515 ACCEPTANCE OF GOODS

(1) Acceptance of goods occurs after the lessee has had a reasonable opportunity to inspect the goods and:

(a) The lessee signifies or acts with respect to the goods in a manner that signifies to the lessor or the supplier that the goods are conforming or that the lessee will take or retain them in spite of their nonconformity; or

(b) The lessee fails to make an effective rejection of the goods (section 2-

1509, subsection (2)) 11 MRSA §2-1516 EFFECT OF ACCEPTANCE OF GOODS; NOTICE OF DEFAULT; BURDEN OF ESTABLISHING DEFAULT AFTER ACCEPTANCE; NOTICE OF CLAIM OR LITIGATION TO PERSON ANSWERABLE OVER

(1) A lessee must pay rent for any goods accepted in accordance with the lease contract, with due allowance for goods rightfully rejected or not delivered. (2) A lessee's acceptance of goods precludes rejection of the goods accepted In the case of a finance lease, if made with knowledge of a nonconformity, acceptance can not be revoked because of the nonconforming In any other case, if made with knowledge of a nonconformity, acceptance can not be revoked because of the nonconformity unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured Acceptance does not of itself impair any other remedy provided by this Article or the lease agreement for nonconformity. (3) If a tender has been accepted:

(a) Except in the case of a consumer lease, within a reasonable time after the lessee discovers or should have discovered any default, the lessee shall notify the lessor and the supplier, if any, or be barred from any remedy against the party not notified;

(b) In the case of a consumer lease, within a reasonable time after the

lessee discovers or should have discovered any default, the lessee

shall notify either the lessor or any assignee of the lessor By notifying one of these parties the lessee preserves any remedy against any of the parties; and

(c) The burden is on the lessee to establish any default.

11 MRSA §2-1519 LESSEE'S DAMAGES FOR NONDELIVERY, REPUDIATION, DEFAULT AND BREACH OF WARRANTY IN REGARD TO ACCEPTED GOODS

(1) Except as otherwise provided with respect to damages liquidated in the lease agreement (section 2-1504), or otherwise determined pursuant to agreement of the parties (section 1-1302 and section 2-1503) if a lessee elects not to cover or a lessee elects to cover and the cover is by lease agreement that for any reason does not qualify for treatment under section 2-1518, subsection (2) or is by purchase or otherwise, the measure of damages for nondelivery or repudiation by the lessor or for rejection or revocation of acceptance by the lessee is the present value, as of the date of the default, of the then market rent minus the present value as of the same date of the original rent, computed for the remaining lease term of the original lease agreement, together with incidental and consequential damages minus expenses saved in consequence of the lessor's default. (2) Market rent is to be determined as of the place for tender or, in cases of rejection after arrival or revocation of acceptance, as of the place of arrival. (3) Except as otherwise agreed, if the lessee has accepted goods and given notification (section 2-1516, subsection (3)) the measure of damages for nonconforming tender or delivery or other default by a lessor is the loss resulting in the ordinary course of events from the lessor's default as determined in any manner that is reasonable together with incidental and consequential damages minus expenses saved in consequence of the lessor's default. (4) Except as otherwise agreed, the measure of damages for breach of warranty is the present value at the time and place of acceptance of the difference between the value of the use of the goods accepted and the value if they had been as warranted for the lease term, unless special circumstances show proximate damages of a different amount, together with incidental and consequential damages minus expenses saved in consequence of the lessor's default or breach of warranty.

11 MRSA §2-1520 LESSEE'S INCIDENTAL AND CONSEQUENTIAL DAMAGES

(1) Incidental damages resulting from a lessor's default include expenses reasonably incurred in inspection, receipt, transportation, care and custody of goods rightfully rejected or goods the acceptance of which is justifiably revoked, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the default.

(2) Consequential damages resulting from a lessor's default include: (a) Any loss resulting from general or particular requirements and needs of

which the lessor at the time of contracting had reason to know and that could not reasonably be prevented by cover or otherwise; and.

(b) Injury to person or property proximately resulting from any breach of

warranty

11 MRSA §2-1521 LESSEE'S RIGHT TO SPECIFIC PERFORMANCE OR REPLEVIN

(1) Specific performance may be decreed if the goods are unique or in other proper circumstances. (2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages or other relief that the court determines just. (3) A lessee has a right of replevin, detinue, sequestration, claim and delivery or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.

14 MRSA §1602-B INTEREST BEFORE JUDGMENT

1. In small claims In small claims actions, prejudgment interest is not recoverable unless the rate of interest is based on a contract or note.

2. On contracts and notes In all civil and small claims actions involving a

contract or note that contains a provision relating to interest, prejudgment interest is allowed at the rate set forth in the contract or note.

3. Other civil actions; rate In civil actions other than those set forth in

subsections 1 and 2, prejudgment interest is allowed at the one-year United States Treasury bill rate plus 3%

A. For purposes of this subsection, "one-year United States Treasury bill rate" means the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the last full week of the calendar year immediately prior to the year in which prejudgment interest begins to accrue.

B. If the Board of Governors of the Federal Reserve System ceases to

publish the weekly average one-year constant maturity Treasury yield or it is otherwise unavailable, then the Supreme Judicial Court shall annually establish by rule a rate that most closely approximates the rate established in this subsection.

4. Stated rate When prejudgment interest is awarded pursuant to subsection 2

or 3, the applicable rate must be stated in the judgment.

5. Accrual; suspension; waiver Prejudgment interest accrues from the time of notice of claim setting forth under oath the cause of action, served personally or by registered or certified mail upon the defendant until the date on which an order of judgment is entered If a notice of claim has not been given to the defendant, prejudgment interest accrues from the date on which the complaint is filed In actions involving a contract or note that contains a provision relating to interest, the rate of interest is fixed as of the time the notice of claim is given or, if a notice of claim has not been given, as of the date on which the complaint is filed If the prevailing party at any time requests and obtains a continuance for a period in excess of 30 days, interest is suspended for the duration of the continuance On petition of the nonprevailing party and on a showing of good cause, the trial court may order that interest awarded by this section be fully or partially waived.

6. Effect on post-judgment interest This section does not affect post-judgment

interest imposed by section 1602-C Prejudgment interest may not be added to the judgment amount in determining the sum upon which post-judgment interest accrues.

7. Rate on accrual of interest prior to July 1, 2003 Notwithstanding

subsection 3, for actions in which the interest begins to accrue, as determined pursuant to subsection 5, prior to July 1, 2003, the rate of prejudgment interest on civil actions other than those set forth in subsection 2 is as follows:

A. If the judgment does not exceed $30,000, the rate for prejudgment

interest is 8%; and B. If the judgment exceeds $30,000, the rate of prejudgment interest is

the one-year United States Treasury bill rate, as defined in subsection 3, plus 1%.

14 MRSA §6001 AVAILABILITY OF REMEDY

8. Presumption of retaliation In any action of forcible entry and detainer there is a rebuttable presumption that the action was commenced in retaliation against the tenant if, within 6 months prior to the commencement of the action, the tenant has:

A. Asserted the tenant's rights pursuant to section 6021; B. Complained as an individual, or if a complaint has been made in that

individual's behalf, in good faith, of conditions affecting that individual's dwelling unit that may constitute a violation of a building, housing, sanitary or other code, ordinance, regulation or statute, presently or hereafter adopted, to a body charged with enforcement of that code, ordinance, regulation or statute, or such a body has filed a notice or complaint of such a violation;

C. Complained in writing or made a written request, in good faith, to the landlord or the landlord's agent to make repairs on the premises as required by any applicable building, housing or sanitary code, or by

section 6021, or as required by the rental agreement between the parties; or

D. [1989, c 484, §2 (NEW); T 14, §6001, sub-§3, ¶D (RP)] E. Filed, in good faith, a fair housing complaint with the Maine Human

Rights Commission or filed, in good faith, a fair housing complaint with the United States Department of Housing and Urban Development concerning acts affecting that individual's tenancy

No writ of possession may issue in the absence of rebuttal of the presumption of retaliation. 9. Membership in tenants' organization No writ of possession may issue

when the tenant proves that the action of forcible entry and detainer was commenced in retaliation for the tenant's membership in an organization concerned with landlord-tenant relationships.

14 MRSA §6002 TENANCY AT WILL; BUILDINGS ON LAND OF ANOTHER

3. Breach of warranty of habitability as an affirmative defense In an action brought by a landlord to terminate a rental agreement on the ground that the tenant is in arrears in the payment of rent, the tenant may raise as a defense any alleged violation of the implied warranty and covenant of habitability, provided that the landlord or the landlord's agent has received actual or constructive notice of the alleged violation, and has unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition and the condition was not caused by the tenant or another person acting under the tenant's control Upon finding that the dwelling unit is not fit for human habitation, the court shall permit the tenant either to terminate the rental agreement without prejudice or to reaffirm the rental agreement, with the court assessing against the tenant an amount equal to the reduced fair rental value of the property for the period during which rent is owed The reduced amount of rent thus owed must be paid on a pro rata basis, unless the parties agree otherwise, and payments become due at the same intervals as rent for the current rental period The landlord may not charge the tenant for the full rental value of the property until such time as it is fit for human habitation.

14 MRSA §6014 REMEDIES FOR ILLEGAL EVICTIONS

1. Illegal evictions Except as permitted by Title 15, chapter 517 or Title 17,

chapter 91, evictions that are effected without resort to the provisions of this chapter are illegal and against public policy Illegal evictions include, but are not limited to, the following

A. No landlord may willfully cause, directly or indirectly, the interruption or termination of any utility service being supplied to the tenant including, but not limited to, water, heat, light, electricity, gas, telephone, sewerage, elevator or refrigeration, whether or not the utility service is under the control of the landlord, except for such temporary

interruption as may be necessary while actual repairs are in process or during temporary emergencies.

B. No landlord may willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of the tenant's rented or leased premises, other than through proper judicial process.

C. No landlord may willfully seize, hold or otherwise directly or indirectly deny a tenant access to and possession of the tenant's property, other than by proper judicial process.

2. Remedies Upon a finding that an illegal eviction has occurred, the court shall

find one or both of the following

A. The tenant is entitled to recover actual damages or $250, whichever is greater.

B. The tenant is entitled to recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the tenant's behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorneys' fees.

3. Good faith A court may award attorneys' fees to the defendant if, upon

motion and hearing, it is determined that an action filed pursuant to this section was not brought in good faith and was frivolous or intended for harassment only.

4. Nonexclusivity The remedies provided in this section are in addition to any

other rights and remedies conferred by law.

14 MRSA §6015 NOTICE OF RENT INCREASE

Rent charged for residential estates may be increased by the lessor only after providing at least 45 days' written notice to the tenant A written or oral waiver of this requirement is against public policy and is void. Any person in violation of this section is liable for the return of any sums unlawfully obtained from the lessee, with interest, and reasonable attorney's fees and costs.

14 MRSA §6016 RENT INCREASE LIMITATION

Rent charged for residential estates may not be increased if the dwelling unit is in violation of the warranty of habitability Any violation caused by the tenant, his family, guests or invitees shall not bar a rent increase A written or oral waiver of this requirement is against public policy and is void Any person in violation of this section shall be liable for the return of any sums unlawfully obtained from the lessee, with interest and reasonable attorneys' fees and costs.

14 MRSA §6021 IMPLIED WARRANTY AND COVENANT OF HABITABILITY

1. Definition As used in this section, the term "dwelling unit" shall include mobile homes, apartments, buildings or other structures, including the common areas thereof, which are rented for human habitation.

2. Implied warranty of fitness for human habitation In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation.

3. Complaints If a condition exists in a dwelling unit which renders the dwelling unit unfit for human habitation, then a tenant may file a complaint against the landlord in the District Court or Superior Court The complaint shall state that:

A. A condition, which shall be described, endangers or materially impairs

the health or safety of the tenants; B. The condition was not caused by the tenant or another person acting

under his control; C. Written notice of the condition without unreasonable delay, was given

to the landlord or to the person who customarily collects rent on behalf of the landlord;

D. The landlord unreasonably failed under the circumstances to take prompt, effective steps to repair or remedy the condition; and

E. The tenant was current in rental payments owing to the landlord at the time written notice was given. The notice requirement of paragraph C may be satisfied by actual notice to the person who customarily collects rents on behalf of the landlord.

4. Remedies If the court finds that the allegations in the complaint are true, the

landlord shall be deemed to have breached the warranty of fitness for human habitation established by this section, as of the date when actual notice of the condition was given to the landlord In addition to any other relief or remedies which may otherwise exist, the court may take one or more of the following actions:

A. The court may issue appropriate injunctions ordering the landlord to

repair all conditions which endanger or materially impair the health or safety of the tenant;

B. The court may determine the fair value of the use and occupancy of the

dwelling unit by the tenant from the date when the landlord received actual notice of the condition until such time as the condition is repaired, and further declare what, if any, moneys the tenant owes the landlord or what, if any, rebate the landlord owes the tenant for rent paid in excess of the value of use and occupancy In making this determination, there shall be a rebuttable presumption that the rental amount equals the fair value of the dwelling unit free from any condition rendering it unfit for human habitation A written agreement whereby the tenant accepts specified conditions which may violate the warranty of fitness for human habitation in return for a stated

reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord

C. The court may authorize the tenant to temporarily vacate the dwelling

unit if the unit must be vacant during necessary repairs No use and occupation charge shall be incurred by a tenant until such time as the tenant resumes occupation of the dwelling unit If the landlord offers reasonable, alternative housing accommodations, the court may not surcharge the landlord for alternate tenant housing during the period of necessary repairs

D. The court may enter such other orders as the court may deem

necessary to accomplish the purposes of this section The court may not award consequential damages for breach of the warranty of fitness for human habitation

Upon the filing of a complaint under this section, the court shall enter such temporary restraining orders as may be necessary to protect the health or well-being of tenants or of the public 5. Waiver A written agreement whereby the tenant accepts specified conditions

which may violate the warranty of fitness for human habitation in return for a stated reduction in rent or other specified fair consideration shall be binding on the tenant and the landlord. Any agreement, other than as provided in this subsection, by a tenant to waive any of the rights or benefits provided by this section shall be void.

6. Heating requirements It is a breach of the implied warranty of fitness for

human habitation when the landlord is obligated by agreement or lease to provide heat for a dwelling unit and:

A. The landlord maintains an indoor temperature which is so low as to be

injurious to the health of occupants not suffering from abnormal medical conditions;

B. The dwelling unit's heating facilities are not capable of maintaining a minimum temperature of at least 68 degrees Fahrenheit at a distance of 3 feet from the exterior walls, 5 feet above floor level at an outside temperature of minus 20 degrees Fahrenheit; or

C. The heating facilities are not operated so as to protect the building

equipment and systems from freezing Municipalities of this State are empowered to adopt or retain more stringent standards by ordinances, laws or regulations provided in this section Any less restrictive municipal ordinance, law or regulation establishing standards are invalid and of no force and suspended by this section

6-A. Agreement regarding provision of heat A landlord and tenant under a lease or a tenancy at will may enter into an agreement for the landlord to provide heat at less than 68 degrees Fahrenheit The agreement must:

A. Be in a separate written document, apart from the lease, be set forth in a clear and conspicuous format, readable in plain English and in at least 12-point type, and be signed by both parties to the agreement;

B. State that the agreement is revocable by either party upon reasonable

notice under the circumstances; C. Specifically set a minimum temperature for heat, which may not be

less than 62 degrees Fahrenheit; and D. Set forth a stated reduction in rent that must be fair and reasonable

under the circumstances

An agreement under this subsection may not be entered into or maintained if a person over 65 years of age or under 5 years of age resides on the premises A landlord is not responsible if a tenant who controls the temperature on the premises reduces the heat to an amount less than 68 degrees Fahrenheit as long as the landlord complies with subsection 6, paragraph B or if the tenant fails to inform the landlord that a person over 65 years of age or under 5 years of age resides on the premises 7. Rights are supplemental

14 MRSA §6023 AGENCY

Any person authorized to enter into a residential lease or tenancy at will agreement on behalf of the owner or owners of the premises is deemed to be the owner's agent for purposes of service of process and receiving and receipting for notices and demands

14 MRSA §6030-A PROTECTION OF RENTAL PROPERTY OR TENANTS

1. Commencing action A landlord may file a petition against a tenant, a guest or invitee of a tenant or the owner of a dangerous pet on the premises for the protection of rental property or tenants when the landlord, the landlord's employee or agent, the landlord's rental property or persons who are tenants of the landlord have experienced harm or have been threatened with harm by a tenant of the landlord, a guest or invitee of a tenant or a dangerous pet on the premises The landlord may file the petition in the landlord's own name or, when the landlord has written authority from a tenant to do so, may file the action on behalf of the aggrieved tenant, or both

2. Procedures and relief Actions under this section are governed by the

procedural provisions of Title 5, chapter 337-A In addition, a temporary order may be sought if the landlord's rental property is in an immediate and present

danger of suffering substantial damage as a result of the defendant's actions, and additional injunctive relief may be granted enjoining the defendant from damaging the landlord's or aggrieved tenant's property or from threatening, assaulting, molesting, confronting or otherwise disturbing the peace of the landlord, the landlord's employee or agent or of any aggrieved tenant

17-A MRSA §3 ALL CRIMES DEFINED BY STATUTE; CIVIL ACTIONS

1. No conduct constitutes a crime unless it is prohibited A. By this code; or B. By any statute or private act outside this code, including any rule,

regulation or ordinance authorized by and lawfully adopted under a statute

2. This code does not bar, suspend, or otherwise affect any right or liability for

damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an offense defined in this code

17-A MRSA §4-B CIVIL VIOLATIONS

1. All civil violations are expressly declared not to be criminal offenses They are enforceable by the Attorney General, the Attorney General's representative or any other appropriate public official in a civil action to recover what may be designated a fine, penalty or other sanction, or to secure the forfeiture that may be decreed by the law.

2. A law or ordinance may be expressly designated as a civil violation

3. A law or ordinance which prohibits defined conduct, but does not provide an imprisonment penalty, is a civil violation, enforceable in accordance with subsection 1. A law or ordinance which is stated to be a criminal violation or which otherwise uses language indicating that it is a crime, but does not provide an imprisonment penalty is a civil violation, enforceable in accordance with subsection 1, unless the law or ordinance is an exception to the operation of this subsection

17-A MRSA §16 WARRANTLESS ARRESTS BY A PRIVATE PERSON

Except as otherwise specifically provided, a private person has the authority to arrest without a warrant: 1. Any person who the private person has probable cause to believe has

committed or is committing: A. Murder; or B. Any Class A, Class B or Class C crime

2. Any person who, in fact, is committing in the private person's presence and in a public place any of the Class D or Class E crimes described in section 207;

209; 211; 254; 255-A; 501-A, subsection 1, paragraph B; 503; 751; 806; or 1002

17-A MRSA §34 CULPABLE STATE OF MIND AS AN ELEMENT

1. A person is not guilty of a crime unless that person acted intentionally, knowingly, recklessly or negligently, as the law defining the crime specifies, with respect to each other element of the crime, except as provided in subsection 4 When the state of mind required to establish an element of a crime is specified as "willfully," "corruptly," "maliciously" or by some other term importing a state of mind, that element is satisfied if, with respect thereto, the person acted intentionally or knowingly

2. When the definition of a crime specifies the state of mind sufficient for the commission of that crime, but without distinguishing among the elements thereof, the specified state of mind applies to all the other elements of the crime, except as provided in subsection 4

3. When the law provides that negligence is sufficient to establish an element of

a crime, that element is also established if, with respect thereto, a person acted intentionally, knowingly or recklessly When the law provides that recklessness is sufficient to establish an element of a crime, that element is also established if, with respect thereto, a person acted intentionally or knowingly When the law provides that acting knowingly is sufficient to establish an element of the crime, that element is also established if, with respect thereto, a person acted intentionally.

4. Unless otherwise expressly provided, a culpable mental state need not be

proved with respect to: A. Any fact that is solely a basis for sentencing classification; B. Any element of the crime as to which it is expressly stated that it must

"in fact" exist; C. Any element of the crime as to which the statute expressly provides

that a person may be guilty without a culpable state of mind as to that element;

D. Any element of the crime as to which a legislative intent to impose liability without a culpable state of mind as to that element otherwise appears;

E. Any criminal statute as to which it is expressly stated to be a "strict liability crime" or otherwise expressly reflects a legislative intent to impose criminal liability without proof by the State of a culpable mental state with respect to any of the elements of the crime; or

F. Any criminal statute as to which a legislative intent to impose liability without a culpable state of mind as to any of the elements of the crime otherwise appears.

4-A. As used in this section, "strict liability crime" means a crime that, as legally defined, does not include a culpable mental state element with respect to any of

the elements of the crime and thus proof by the State of a culpable state of mind as to that crime is not required

17-A MRSA §35 DEFINITIONS OF CULPABLE STATES OF MIND

1. "Intentionally" A. A person acts intentionally with respect to a result of the person's conduct when it is the person's conscious object to cause such a result B. A person acts intentionally with respect to attendant circumstances when the person is aware of the existence of such circumstances or believes that they exist

2. "Knowingly" A. A person acts knowingly with respect to a result of the person's conduct when the person is aware that it is practically certain that the person's conduct will cause such a result B. A person acts knowingly with respect to attendant circumstances when the person is aware that such circumstances exist

3. "Recklessly" A. A person acts recklessly with respect to a result of the person's conduct when the person consciously disregards a risk that the person's conduct will cause such a result B. A person acts recklessly with respect to attendant circumstances when the person consciously disregards a risk that such circumstances exist C. For purposes of this subsection, the disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation

4. "Criminal negligence" A. A person acts with criminal negligence with respect to a result of the person's conduct when the person fails to be aware of a risk that the person's conduct will cause such a result B. A person acts with criminal negligence with respect to attendant circumstances when the person fails to be aware of a risk that such circumstances exist C. For purposes of this subsection, the failure to be aware of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation

5. "Culpable" A person acts culpably when the person acts with the intention, knowledge, recklessness or criminal negligence as is required

17-A MRSA §57 CRIMINAL LIABILITY FOR CONDUCT OF ANOTHER; ACCOMPLICES

1. A person may be guilty of a crime if it is committed by the conduct of another

person for which the person is legally accountable as provided in this section

2. A person is legally accountable for the conduct of another person when: A. Acting with the intention, knowledge, recklessness or criminal negligence

that is sufficient for the commission of the crime, the person causes an innocent person, or a person not criminally responsible, to engage in such conduct; or

B. The person is made accountable for the conduct of such other person by the law defining the crime; or

C. The person is an accomplice of such other person in the commission of the crime, as provided in subsection 3

3. A person is an accomplice of another person in the commission of a crime if: A. With the intent of promoting or facilitating the commission of the crime, the

person solicits such other person to commit the crime, or aids or agrees to aid or attempts to aid such other person in planning or committing the crime A person is an accomplice under this subsection to any crime the commission of which was a reasonably foreseeable consequence of the person's conduct; or

B. The person's conduct is expressly declared by law to establish the person's complicity

4. A person who is legally incapable of committing a particular crime may be guilty thereof if it is committed by the conduct of another person for which the person is legally accountable

5. Unless otherwise expressly provided, a person is not an accomplice in a crime committed by another person if: A. The person is the victim of that crime; B. The crime is so defined that it cannot be committed without the person's

cooperation; or C. The person terminates complicity prior to the commission of the crime by:

(1) Informing the person's accomplice that the person has abandoned the criminal activity; and (2) Leaving the scene of the prospective crime, if the person is present thereat

6. An accomplice may be convicted on proof of the commission of the crime and of the accomplice's complicity therein, though the person claimed to have committed the crime has not been prosecuted or convicted, or has been convicted of a different crime or degree of crime, or is not subject to criminal prosecution pursuant to section 10-A, subsection 1, or has an immunity to prosecution or conviction, or has been acquitted

17-A MRSA §60 CRIMINAL LIABILITY OF AN ORGANIZATION

1. An organization is guilty of a crime when:

A. It omits to discharge a specific duty of affirmative performance imposed on it by law, and the omission is prohibited by this code or by a statute defining a criminal offense outside of this code; or

B. The conduct or result specified in the definition of the crime is engaged in or caused by an agent of the organization while acting within the scope of the agent's office or employment,

2. It is no defense to the criminal liability of an organization that the individual upon whose conduct the liability of the organization is based has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution

17-A MRSA §61 INDIVIDUAL LIABILITY FOR CONDUCT ON BEHALF OF ORGANIZATION

1. An individual is criminally liable for any conduct the individual performs in the name of an organization or in its behalf to the same extent as if it were performed in the individual's own name or behalf. Such an individual must be sentenced as if the conduct had been performed in the individual's own name or behalf.

2. If a criminal statute imposes a duty to act on an organization, any agent of the organization having primary responsibility for the discharge of the duty is criminally liable if the agent recklessly omits to perform the required act, and the agent must be sentenced as if the duty were imposed by law directly upon the agent.

17-A MRSA §105 USE OF FORCE IN PROPERTY OFFENSES

A person is justified in using a reasonable degree of nondeadly force upon another person when and to the extent that the person reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of the person's property, or criminal mischief, or to retake the person's property immediately following its taking; but the person may use deadly force only under such circumstances as are prescribed in sections 104, 107 and 108.

17-A MRSA §108 PHYSICAL FORCE IN DEFENSE OF A PERSON

1. A person is justified in using a reasonable degree of nondeadly force upon another person in order to defend the person or a 3rd person from what the person reasonably believes to be the imminent use of unlawful, nondeadly force by such other person, and the person may use a degree of such force that the person reasonably believes to be necessary for such purpose However, such force is not justifiable if: A. With a purpose to cause physical harm to another person, the person

provoked the use of unlawful, nondeadly force by such other person; or B. The person was the initial aggressor, unless after such aggression the

person withdraws from the encounter and effectively communicates to

such other person the intent to do so, but the other person notwithstanding continues the use or threat of unlawful, nondeadly force; or

C. The force involved was the product of a combat by agreement not authorized by law.

17-A MRSA §151 CRIMINAL CONSPIRACY

1. A person is guilty of criminal conspiracy if, with the intent that conduct be performed that in fact would constitute a crime or crimes, the actor agrees with one or more others to engage in or cause the performance of the conduct and the most serious crime that is the object of the conspiracy is:

A. Murder Violation of this paragraph is a Class A crime; B. A Class A crime Violation of this paragraph is a Class B crime; C. A Class B crime Violation of this paragraph is a Class C crime; D. A Class C crime Violation of this paragraph is a Class D crime; or E. A Class D or Class E crime Violation of this paragraph is a Class E

crime

2. If the actor knows that one with whom the actor agrees has agreed or will agree with a 3rd person to effect the same objective, the actor is deemed to have agreed with the 3rd person, whether or not the actor knows the identity of the 3rd person.

3. A person who conspires to commit more than one crime is guilty of only one conspiracy if the crimes are the object of the same agreement or continuous conspiratorial relationship.

4. A person may not be convicted of criminal conspiracy unless it is alleged and proved that the actor, or one with whom the actor conspired, took a substantial step toward commission of the crime. A substantial step is any conduct which, under the circumstances in which it occurs, is strongly corroborative of the firmness of the actor's intent to complete commission of the crime; provided that speech alone may not constitute a substantial step.

5. Accomplice liability for crimes committed in furtherance of the criminal conspiracy is to be determined by the provisions of section 57.

6. For the purpose of determining the period of limitations under section 8, the

following provisions govern: A. A criminal conspiracy is deemed to continue until the criminal conduct

that is its object is performed, or the agreement that it be performed is frustrated or is abandoned by the actor and by those with whom the actor conspired For purposes of this subsection, the object of the criminal conspiracy includes escape from the scene of the crime, distribution of the fruits of the crime, and measures, other than silence, for concealing the commission of the crime or the identity of its perpetrators

B. If a person abandons the agreement, the criminal conspiracy terminates as to the actor only when:

(1) The actor informs a law enforcement officer of the existence of the criminal conspiracy and of the actor's participation therein; or (2) The actor advises those with whom the actor conspired of the actor's abandonment. Abandonment is an affirmative defense.

17-A MRSA §207-A DOMESTIC VIOLENCE ASSAULT

1. A person is guilty of domestic violence assault if: A. The person violates section 207 and the victim is a family or household

member as defined in Title 19-A, section 4002, subsection 4 Violation of this paragraph is a Class D crime; or

17-A MRSA §209 CRIMINAL THREATENING

1. A person is guilty of criminal threatening if he intentionally or knowingly places another person in fear of imminent bodily injury

17-A MRSA §209-A DOMESTIC VIOLENCE CRIMINAL THREATENING

1. A person is guilty of domestic violence criminal threatening if: A. The person violates section 209 and the victim is a family or household

member as defined in Title 19-A, section 4002, subsection 4 Violation of this paragraph is a Class D crime

17-A MRSA §211 RECKLESS CONDUCT

1. A person is guilty of reckless conduct if he recklessly creates a substantial risk of serious bodily injury to another person.

17-A MRSA §211-A DOMESTIC VIOLENCE RECKLESS CONDUCT

1. A person is guilty of domestic violence reckless conduct if: A. The person violates section 211 and the victim is a family or household

member as defined in Title 19-A, section 4002, subsection 4 17-A MRSA §354 THEFT BY DECEPTION

1. A person is guilty of theft if: A. The person obtains or exercises control over property of another as a result of deception and with intent to deprive the other person of the property

(4) The value of the property is more than $1,000 but not more than $10,000 Violation of this subparagraph is a Class C crime; (5) The value of the property is more than $500 but not more than $1,000 Violation of this subparagraph is a Class D crime;

2. For purposes of this section, deception occurs when a person intentionally:

A. Creates or reinforces an impression that is false and that the person does not believe to be true, including false impressions as to identity, law, value, knowledge, opinion, intention or other state of mind; except that an intention not to perform a promise, or knowledge that a promise will not be performed, may not be inferred from the fact alone that the promise was not performed; B. Fails to correct an impression that is false and that the person does not believe to be true and that:

(1) The person had previously created or reinforced; or (2) The person knows to be influencing another whose property is involved and to whom the person stands in a fiduciary or confidential relationship;

17-A MRSA §501-A DISORDERLY CONDUCT

1. A person is guilty of disorderly conduct if:

B. In a public or private place, the person knowingly accosts, insults, taunts or challenges any person with offensive, derisive or annoying words, or by gestures or other physical conduct, that would in fact have a direct tendency to cause a violent response by an ordinary person in the situation of the person so accosted, insulted, taunted or challenged; C. In a private place, the person makes loud and unreasonable noise that can be heard by another person, who may be a law enforcement officer, as unreasonable noise in a public place or in another private place, after having been ordered by a law enforcement officer to cease the noise; or

17-A MRSA §901 DECEPTIVE BUSINESS PRACTICES

1. A person is guilty of deceptive business practices if, in the course of engaging in a business, occupation or profession, he intentionally:

D. Sells, offers or exposes for sale any commodity which is adulterated or

mislabelled; G. Makes or causes to be made a false statement of material fact in any

advertisement addressed to the public or to a substantial number of persons, in connection with the promotion of his business, occupation or profession or to increase the consumption of specified property or service;

H. Offers property or service, in any manner including advertising or other means of communication, as part of a scheme or plan with the intent not to sell or provide the advertised property or services

(1) at all; (2) at the price or of the quality offered;

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