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STATE OF MAINE ANDROSCOGGIN, SS.

DISTRICT COURT EIGHTH DISTRICT AT LEWISTON CIVIL ACTION DOCKET NO. CV-08-128

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JAMES A. PITTMAN, Plaintiff


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MEGAN GRIFFEY and JASON PARKS, Defendants

ANDROSCOGGIN DECISION AND JUDGMENT SUPERIOR COURT

I. NATURE OF CASE

This is an action initiated by complaint in the District Court at Lewiston, but assigned for trial without a jury in Superior Court.! The complaint alleges that the parties entered into a lease for a single-family home at 40 Malibu Drive in Auburn, that the defendants breached the lease and the plaintiff obtained a forcible entry and detainer judgment against the defendants with costs. The plaintiff's complaint seeks money damages based on his allegations that the defendants did not pay rent as agreed by the lease, did not vacate the premises when required, failed to purchase heating oil or pay for utilities, failed to surrender keys, and committed damage and waste to the premises beyond normal wear and tear. The defendants filed a pro se unsigned answer. They agree that they entered into the lease and fell behind in rent payments, but deny the essential allegations that would entitle the plaintiff to an award for other damages.

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Pursuant to standard practice for trials expected to take more than two hours,

II. FINDINGS

At trial, the plaintiff presented evidence through the testimony of Lawrence Moreau, the general manager of plaintiff's several businesses and through numerous exhibits that were admitted prior to trial without objection. Mr. Moreau has acted for and on behalf of the plaintiff through a general power of attorney for more than twenty years. Defendant Megan Griffey testified on her own behalf and offered a number of exhibits that the court has reviewed and considered. After hearing, the court makes the following findings by a preponderance of evidence: 1. The parties entered into a one-year lease agreement, Pl.'s Ex. A, on October 23,2006, with a beginning date of November 1, 2006. a. Rent was to be $850 per month due on the first of each month subject to a "late payment penalty of four percent (4%) . . . whenever the rent is fifteen (15) days or more overdue." If the rent was not paid by the 7th of the month, plaintiff could initiate a seven-day notice of eviction. The lease required defendants to:

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