Maine Revised Statutes, Title 10, § 1370: Penalty
Violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade Practices Act, Title 5, chapter 10. [PL 1993, c. 195, §1 (NEW).]
- Unfair trade practices
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Violation of this chapter constitutes an unfair trade practice under the Maine Unfair Trade Practices Act, Title 5, chapter 10. [PL 1993, c. 195, §1 (NEW).]
This Act shall be known and may be cited as the "Maine Self-service Storage Act." [PL 1989, c. 62 (NEW).]
This section defines key terms used in the chapter for self-service storage facilities, including default, abandoned leased space, occupant, operator, rental agreement, and related mailing and property terms.
An operator must give an occupant a rental agreement. If the occupant does not sign within 30 days after delivery, paying rent or keeping use of the leased space counts as acceptance.
An operator may not knowingly allow a leased storage space to be used as a residence, and an occupant may not use a leased space for residential purposes or store goods that create dangerous, harmful, offensive, noxious, or nuisance conditions.
The operator of a self-service storage facility has a lien on stored personal property, and the rental agreement must include a bold notice about that lien and possible sale if the occupant defaults.
This section lets a storage operator enforce a lien by selling an occupant’s stored property after default, but only after required notice and waiting periods.
An operator may charge a reasonable late fee for unpaid rent, but only under the section’s timing and written-disclosure rules.
This section makes certain conduct a violation of the Maine Unfair Trade Practices Act, including failing to protect personal information, failing to return it to the operator, or intentionally conducting a lien sale of it.
If a leased space is abandoned, the operator may immediately take possession of it and may dispose of personal property left inside by any means at the operator’s discretion.
This section gives the Act its short title: the "Maine Marina and Boatyard Storage Act."
This section defines key terms used in the chapter, including “default,” “facility,” “lienholder,” and “property.”
A facility owner has a lien on property stored at the facility for rent, labor, other charges, and reasonable sale expenses.
A property owner must be notified of the lien before a facility owner enforces it, and a facility owner without a qualifying written storage agreement may not start enforcement until 30 days after written notice is delivered.
A facility owner may enforce a lien only after the property owner has been notified, and if the property owner is in default for more than 90 days the owner may sell the stored property, but must follow notice, advertising, sale-location, and proceeds-distribution rules.
A facility owner must stop enforcement actions when the lien is fully paid. The property owner may redeem the property before a sale ends by paying the full amount needed to satisfy the lien.
This section defines terms used in the chapter, including “consumer,” “consumer arbitration,” “consumer arbitration agreement,” “financial interest,” and “provider.”
Some consumer arbitration agreements are void if federal law does not allow them. Providers must clearly disclose estimated arbitration costs in their initial consumer notice, and may be liable for court costs and reasonable attorney’s fees if they violate the disclosure rule.
Providers of consumer arbitrations must collect and publish specified arbitration information and keep it available for 5 years.
This section defines terms used in the chapter, including administrator, affiliated, client, exchange facilitator, fee, financial institution, person, and prudent investor standard.
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