Hailu v. Simonds

• Decision Date: 05 November 2001
• Parties: Dorothy HAILU et al. v. Gordon D. SIMONDS, Trustee.
• Court: Maine Supreme Court

784 A.2d 1

2001 ME 155

Dorothy HAILU et al. v. Gordon D. SIMONDS, Trustee.

Supreme Judicial Court of Maine.

Argued: September 11, 2001.

Decided: November 5, 2001.

Thomas H. Kelley (orally), Rachelle A. Parise, Pine Tree Legal Assistance, Inc., Portland, for plaintiffs.

Timothy H. Norton (orally), Kelly, Remmel & Zimmerman, Portland, for defendant.

Panel: WATHEN, C.J.,¹ and CLIFFORD, RUDMAN, DANA, SAUFLEY, and ALEXANDER, JJ.

CLIFFORD, J.

[¶ 1] Gordon Simonds appeals from a judgment entered in the Superior Court (Cumberland County, Warren, J.) finding that he illegally evicted Dorothy Hailu and Terry Mihill from his property. Simonds contends that (1) his property qualifies as a "lodging house" and is therefore exempt from the requirements of the forcible entry and detainer statute, and (2) damages were improperly awarded to Milhill based on insufficient evidence of causation. We find no error and affirm the judgment.

[¶ 2] Gordon D. Simonds is trustee of the R.G. Simonds Trust, which owns and manages a twelve-unit house on Pine Street in Portland. Simonds contracted with Dorothy Hailu and Terry Mihill by means of a document entitled, "Apartment Sharing and Room Rental Lease Agreement" to rent one of the apartments to them on a weekly basis beginning in March of 1998. The agreement described Simonds as the "landlord" and Hailu and Mihill as "tenants."

[¶ 3] The apartment consisted of one furnished room with a bed, dresser, cabinet, table, television, couch, refrigerator, and telephone. Simonds provided a set of sheets, a pillow, a blanket, and a comforter, but Hailu and Mihill were responsible for laundering the linens and obtaining any other linens they needed. No bathroom, running water, or kitchen facilities were supplied in the room, so Hailu and Mihill shared a common bathroom and kitchen area with the other tenants on their floor. The kitchen area consisted of a microwave, toaster oven, and coffee machine, but the toaster oven and coffee machine were not always available. These common areas were cleaned and maintained by Simonds, but Hailu and Mihill were responsible for cleaning their room. The weekly rental included heat, electricity, cable television service, and local phone service. Although the rooms are rented on a weekly basis, Simonds testified that he attempts to rent to tenants who will stay for longer periods. A Certificate of Occupancy issued by the City of Portland Department of Building Inspection in 1994 approved the property for residence as a "lodging house."

[¶ 4] By December of 1998, Hailu and Mihill had fallen behind in their rent. Simonds obtained a writ of possession utilizing the forcible entry and detainer procedure in 14 M.R.S.A. § 6005 (Supp.2000). Before Simonds executed the writ, however, he reached an agreement with Hailu and Mihill whereby Hailu and Mihill were permitted to remain in the room, but agreed to continue paying their weekly rent with additional payments for the back rent due. In September of 1999, although Hailu and Mihill had made some additional payments, they had also missed other payments and had fallen even further behind in the rent payments. Simonds attempted to execute the writ of possession he had obtained in December of 1998, but Hailu and Mihill were granted an injunction by the District Court (Portland, Goranites, J.) preventing Simonds from executing on the writ, the court concluding that because rent was paid and accepted after the writ was issued, a new tenancy had been created.

[¶ 5] On the evening of October 15, 1999, without prior notice, Simonds padlocked the door to Hailu and Mihill's room while they were out. Included among the possessions that could not be accessed were Mihill's epilepsy medication and his identification to refill the prescription for the medication. As a result of being unable to access his medication, Mihill went to the emergency room twice within the next week for treatment of epileptic seizures.

[¶ 6] Hailu and Mihill filed a complaint in the Superior Court seeking declaratory or injunctive relief and damages for, among other allegations, illegal eviction and intentional and negligent infliction of emotional distress. Simonds counterclaimed for rent due and incidental charges. Following a jury-waived trial, the court rejected Simonds' contention that his property qualified as a lodging house and entered judgment for Hailu and Mihill on their claim of illegal eviction. The court also awarded Hailu $750 as damages on her claim of intentional infliction of emotional distress and awarded Mihill damages of $3000 on his claim of intentional infliction of emotional distress. The court found for Simonds on his counterclaim for unpaid back rent and assessed $1047 in damages. Simonds filed this appeal.

[¶ 7] Title 14 M.R.S.A. sections 6001-6016 (1980 & Supp.2000) detail the forcible entry and detainer (FED) process by which a landlord may evict a tenant. Specifically, 14 M.R.S.A. § 6005 (Supp.2000) permits a landlord to obtain a writ of possession in the District Court, which may be served upon a defaulting tenant, who then has forty-eight hours to vacate the premises before the tenant is considered a trespasser. 14 M.R.S.A. § 6005 (Supp.2000). Simonds concedes that he did not follow these procedures in removing Hailu and Mihill from their room.

[¶ 8] Simonds contends, however, that he is not required to follow these procedures because the Pine Street property is a lodging house within the meaning of 30-A M.R.S.A. § 3838 (Supp.2000) and is therefore exempt from FED statutory requirements.² A lodging house is defined as "a house where lodgings are rented," but does not include houses where...