Rent Board
Regular MeetingPortland, ME · May 13, 2026
Minutes
RENT BOARD
May 13, 2026
5:30 PM
ZOOM INFORMATION:
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II. ROLL CALL:
III. COMMUNICATIONS:
Please note: Written public comment must be received via email
(rentboard@portlandmaine.gov) by 12pm the day before the scheduled
meeting. The subject line needs to read "Written Public Comment"
IV. New Business
a. Tenant Rights Appeal - Public Comment
Appellant: Sean McGuire
Address: 11 Smith St, Apt 3
Property Owner: Snowy Owl LLC
CBL: 021-F-020-001
V. Adjourn
Agenda
RENT BOARD
May 13, 2026
5:30 PM
ZOOM INFORMATION:
Join from PC, Mac, iPad, or Android:
https://portlandmaine-
gov.zoom.us/j/87942078159?pwd=RJT4ubFV78wLz3tm0BNsSoMNRULblI.1
Passcode:264462
Phone one-tap:
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Join via audio:
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Webinar ID: 879 4207 8159
Passcode: 264462
International numbers available: https://portlandmaine-
gov.zoom.us/u/kbLzbvi0Wi
II. ROLL CALL:
III. COMMUNICATIONS:
Please note: Written public comment must be received via email
(rentboard@portlandmaine.gov) by 12pm the day before the scheduled
meeting. The subject line needs to read "Written Public Comment"
IV. New Business
a. Tenant Rights Appeal - Public Comment
Appellant: Sean McGuire
Address: 11 Smith St, Apt 3
Property Owner: Snowy Owl LLC
CBL: 021-F-020-001
V. Adjourn
Packet
RENT BOARD
May 13, 2026
5:30 PM
ZOOM INFORMATION:
Join from PC, Mac, iPad, or Android:
https://portlandmaine-
gov.zoom.us/j/87942078159?pwd=RJT4ubFV78wLz3tm0BNsSoMNRULblI.1
Passcode:264462
Phone one-tap:
+13126266799,,87942078159#,,,,*264462# US (Chicago)
+16469313860,,87942078159#,,,,*264462# US
Join via audio:
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 309 205 3325 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
Webinar ID: 879 4207 8159
Passcode: 264462
International numbers available: https://portlandmaine-
gov.zoom.us/u/kbLzbvi0Wi
Page 1
II. ROLL CALL:
III. COMMUNICATIONS:
Please note: Written public comment must be received via email
(rentboard@portlandmaine.gov) by 12pm the day before the scheduled
meeting. The subject line needs to read "Written Public Comment"
IV. New Business
a. Tenant Rights Appeal - Public Comment
Appellant: Sean McGuire
Address: 11 Smith St, Apt 3
Property Owner: Snowy Owl LLC
CBL: 021-F-020-001
V. Adjourn
Page 2
City of Portland – Housing Safety Division
TENANT RIGHTS COMPLAINT
Date of Hearing:
May 13, 2026
Appellant:
Sean McGuire
Owner Name and Address:
Snow Owl LLC
PO BOX 16341
Portland, ME 04112
Property Address and Unit:
11 Smith St, Unit 3
CBL:
021-F-020-001
Page 3
Page 4
PORTLAND, ME LEASE NONRENEWAL
90-Day Notice to Vacate
April 2, 2026
To: Zoe Kennedy, Hans Goudey, Sean McGuire
Rental Address:
11 Smith St. Apt. 3, Portland, ME 04101
YOU ARE HEREBY NOTIFIED THAT, under the terms of your tenancy for the rent and use of the
premises listed above now occupied by you:
YOUR TENANCY WILL NOT BE RENEWED AS OF JULY 1, 2026. You therefore must deliver
possession of the premises to me on such date. You are further notified that unless you vacate
the premises by such date, we will begin a forcible entry and detainer action against you. If a
forcible entry and detainer eviction court action is commenced against you, you have the right
to contest the termination and eviction in court. Please note that if you do find another place to
rent prior to the completion of the 90-day notice, we will waive any requirement to provide
notice or complete your current lease term, and will work with you to vacate on a date of your
choice, without penalty, as long as that date is prior to July 1, 2026.
THIS NOTICE IS PROVIDED TO YOU IN ACCORDANCE WITH MAINE STATUTES 14 MRSA §6001
AND §6002. NOTHING IN THIS NOTICE IS INTENDED OR SHOULD BE CONSTRUED AS A WAIVER
BY THE LANDLORD OF ANY RIGHTS OR REMEDIES THE LANDLORD MAY HAVE UNDER STATE OR
FEDERAL LAW. Also attached is Form CV-256, Residential Forcible Entry & Detainer (Eviction)
Information Sheet & Mediation Request.
Brent Adler 4/2/2026
Signature Date
Landlord’s Contact Information:
Snowy Owl, LLC
livchase@yahoo.com
Page 5
brentadler@gmail.com
(207) 522-4345
(207) 880-3052
Page 6
Subject: Important Update Regarding Your Lease -
11 Smith Street Unit #1 Portland, ME
April 2, 2026
Dear Zoe, Hans, and Sean,
Let us start out by saying that we may have gotten off on the wrong foot, and we truly
hope to move forward on better terms. We have very much enjoyed having you as
tenants in the building over the last eight months since we took ownership.
When we purchased the property last July, units 1 and 2 had just been renovated, and it
has always been our long-term intention to renovate your unit as well. While the
previous owner signed a new year-long lease with you right before transferring
ownership—which we have honored—that lease is now coming to an end on May 31st.
We are writing to inform you that we will not be renewing the lease, as we need to begin
the planned renovations on your unit.
However, we realize that transitions can be tough and that moving is very stressful. To
help make this process easier for you, we would like to offer you an additional month to
stay, allowing you to remain in the unit until June 30th if you would like.
Please let us know if there is anything we can do to make your transition go more
smoothly. We wish you the best in your next home. We are happy to provide a positive
rental reference.
Sincerely,
Liv Chase and Brent Adler
Page 7
Rent Control and Tenant Protections Complaint
04/15/2026 9:54 AM (EDT)
Rent Control and Tenant Protections Complaint Form
Rent Control is pursuant to Portland City Code, Chapter 6, Article XII.
Please note that this complaint form is a public document, but the City of Portland will protect your personal contact
information to the extent permitted by law.
Today's Date 04/15/2026
Address of Property 11 Smith Street
Unit Number 3
Complainant Name Sean McGuire
Complainant Phone Number 2079493185
Complainant Email sean.mcguire@maine.edu
What is your preferred method of Email
contact?
Landlord Name Snowy Owl LLC (Brent and Liv)
Landlord Phone Number 2078803052
Landlord Email brentadler@gmail.com
Date Tenancy Began 6/1/2024
Rent at Beginning of Tenancy 2500
Most Recent Rent Amount 2600
Describe Your Complaint Hello,
I have spoke with Dare Guild previosuly about this. It seems like there are multiple
issues here.
1. The previous landlord had the property improperly listed as "Owner Occupied".
During my entire tenancy (since 6/1/2024) the other 2 units were never occupied
by the owner. I believe that prior to my tenancy a relative of the owner, or a friend
(not sure), lived in apartment 2. I have never met this person as they had left long
before my tenancy began. I just learned last week that the property has ever been
listed as owner occupied (as we started navigating issue 2).
2. The landlord recently attempted to raise rent way past rent control standards,
when we questioned if that was allowed they immedietly decided not to renew the
lease. It seems clearly like retaliation. It is all written.
Dare explained that this will be two seperate complaints and audits. As of right
now I would only like to file Complaint 1 on the false owner occupancy. It is my
understanding that has large implications on rent control, and the amount of rent
Submission ID: e909b167-b1fa-4384-a908-049ca69d17a4 Page 1/2
Page 8
that the current landlord can increase by. For issue 2, we are still speaking with
landlord and will likely make that complaint 2 shortly. If any of that information is
relavant to this complaint please let me know. I am available by phone and email.
As you will see in the records the ownership changed in June of 2025.
Thank you so much for your assistance and time.
Sean McGuire
Please attach all relevant documentation to your complaint to assist us further.
Copy of Signed Lease Agreement DOMAINE LEASE TEMPLATE.docx copy.pdf
5_14 Final lease agreement MK.pdf
Submission ID: e909b167-b1fa-4384-a908-049ca69d17a4 Page 2/2
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**IMPORTANT**
THIS LEASE TEMPLATE IS BEING PROVIDED BY DOMAINE AS A
CONVENIENCE TO THE RECIPIENT. DOMAINE HEREBY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES REGARDING THIS LEASE TEMPLATE
AND ITS USE. USE OF THIS LEASE TEMPLATE IS AT THE SOLE RISK OF THE
USER(S). LANDLORDS AND TENANTS ARE ADVISED TO OBTAIN ADVICE FROM
LEGAL COUNSEL BEFORE USING THIS LEASE TEMPLATE.
In Process
{P1229041.4} 1
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DocuSign Envelope ID: F5CA7AE7-6300-42B3-8F5F-D661C2752398
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LEASE SUMMARY PAGE
DATE OF LEASE: June 1, 2024
LANDLORD: Michael Nicolai
TENANT(S): Hans Goudy, Zoe Kennedy, Sean McGuire
OTHER OCCUPANTS: N/A
LEASED PREMISES: 11 Smith street
Portland, ME, 04102
TERM OF LEASE: 12 Months
COMMENCEMENT DATE: June 1, 2024
EXPIRATION DATE: May, 31, 2025
MONTHLY RENT – Year 1: $ 2,500.00
DUE AT SIGNING:
Security Deposit:
First Month’s Rent:
Last Month’s Rent:
In Process $ 2,000.00
$ 2,500.00
$ 2,500.00
TOTAL DUE AT SIGNING: $ 7,000.00
[LEASE AGREEMENT FOLLOWS]
{P1229041.4} 2
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LEASE AGREEMENT
This lease agreement (“Lease”) is made by and between Michael Nicolai (“Landlord”), with a
mailing address of 11 Smith Street, Maine, 04012, and Hans Goudy, Zoe Kennedy, Sean
McGuire (“Tenant”).
Subject to the terms of this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases
from Landlord, the premises known as in Portland, Maine (“Premises”), for a term of 12 months
from June 1, 2024 to May 31, 2025, unless sooner terminated in accordance with the provisions
of this Lease (“Term”), under the following terms and conditions:
1. RENT. Tenant agrees to pay, in advance, without demand or notice, the sum of $
2,500.00 per month as rent (“Rent”), to be received by Landlord on or before the 1st day of each
successive calendar month during the Term. Rent for a partial month shall be prorated. Should
any Rent payment be less than the full amount, Landlord may accept the lesser payment, and
Tenant agrees that Landlord shall not be bound by any statement that the lesser payment is
justified for any reason. Without waiving any of Landlord’s other rights under this Lease or
applicable law, if Tenant fails to pay an installment of Rent on or before the 15th day of the
month, Tenant shall be liable to Landlord for a late fee of 4% of the Rent due for one month. The
foregoing constitutes notice of a late rent penalty pursuant to 14 M.R.S.A. § 6028. Tenant is
specifically liable for all Rent and other sums due and payable under this Lease. The termination
of this Lease earlier than the stated expiration date due to a breach by Tenant will not relieve
Tenant from the obligation to pay all Rent and other sums due under this Lease for all periods
In Process
that would have been part of the Term but for such termination, subject to Landlord’s duty to use
reasonable efforts to mitigate its damages.
2. PAYMENT OF RENT. Tenant shall pay Rent in the form of a personal check, cashier’s
check, or money order payable to the order of Landlord, and Rent shall be mailed or personally
delivered to Landlord at the address stated in the preamble of this Lease or to such other address
as specified in writing by Landlord. If a check used to pay Landlord is returned without having
been paid, Tenant shall pay a returned check charge of $125.00 and be responsible for any late
Rent penalty as provided for under Section 1.
3. SECURITY DEPOSIT. Tenant has deposited $ 2,000.00 with Landlord as a security deposit
at the signing of this lease (“Security Deposit”). The Security Deposit shall be kept in a bank
account separate from the landlord’s other funds and protected in case of bankruptcy, foreclosure
or sale of the building, and will be returned to Tenant within 30 days of the termination of the
Term and peaceful surrender of possession, less any amount to cover (1) unpaid Rent and/or
other amounts owing to Landlord; (2) damages to the Premises and damages to the building and
the surrounding land and buildings owned by Landlord (“Property”) which are not due to normal
wear and tear, which damages may include cleaning costs and other costs attributable to failure
of Tenant to surrender the Premises in accordance with the provisions of this Lease; (3) missing
items; (4) Landlord’s cost of compliance with state and local law regarding Tenant’s abandoned
property; and (5) any other costs or expenses allowed by applicable law. Tenant’s liability under
{P1229041.4} 3
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DocuSign Envelope ID: F5CA7AE7-6300-42B3-8F5F-D661C2752398
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this Lease is not limited to the amount of the Security Deposit. The Security Deposit may not
be applied to Rent, including the next to last or final month’s Rent. Tenant may inspect the
Premises at the start of the Term and shall have 24 hours to report, in writing, any defects to
Landlord (other than damages noted in this Lease). If no report of defects is submitted, without
waiving Tenant’s statutory rights, Landlord and Tenant agree that the Premises is clean,
habitable, and in satisfactory condition, and that Tenant accepts the Premises in as-is condition,
with all faults. An inspection will be made once Tenant has vacated the Premises to determine
any charges to the Security Deposit. Without limiting the foregoing, the following checklist
outlines areas of particular concern and the approximate charges which will be made against the
Security Deposit if Landlord is required to perform any of the following tasks:
a. Refrigerator must be clean, turned off and door left open.
Charges against deposit if not done. $125.
b. Stove top, burner pans and oven must be clean.
Charges against deposit if not done. $125.
c. Sinks, countertops and all cabinets clean.
Charges against deposit if not done. $125.
d. Bathroom tiles, toilet, sinks, fixtures clean and free of all soap film.
Charges against deposit if not done. $125.
In Process
e. All floors washed, cleaned and vacuumed as necessary.
Charges against deposit if not done. $175.
f. Walls clean. Particular attention to be paid to areas in the kitchen,
around doors, closets and bathrooms.
Charges against deposit if not done. $ 175.
Additional charges will be made on a materials and labor basis for any damages, missing
items or necessitated cleaning not listed above.
3. CO-TENANTS. The obligations and commitments contained in this Lease shall be joint
and several among all of the persons listed as a Tenant above. Any breach of the terms of this
Lease by any Tenant or any other person occupying the Premises shall constitute a breach by
each Tenant. To the extent authorized by law, each Tenant agrees to be the agent of the other
Tenant(s) and occupants of the Premises and is both authorized and required to accept, on behalf
of other Tenant(s) and occupants, service of summonses and other notices relating to the tenancy.
Each Tenant hereby authorizes all other Tenants to accept service of summonses and notices
relating to the tenancy.
4. POSSESSION. Landlord shall endeavor to deliver possession to Tenant by the beginning
of the Term. If Landlord is unable to do so for any reason, Landlord shall not be held liable for
{P1229041.4} 4
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any damages suffered by Tenant as a result, nor shall this Lease be considered void unless
Landlord is unable to deliver possession within ten (10) days following the beginning of the
Term. Possession of the Premises shall be deemed to have occurred when Landlord is ready to
deliver possession to Tenant and has made reasonable efforts to inform Tenant of such
availability.
5. SUBLET. Tenant will not sell or assign this Lease or sublet the Premises or any part of
the Premises to any person without first obtaining written consent of Landlord, which may be
withheld in Landlord’s sole discretion. If approved, payment of a $334.00 transfer fee shall be
required and paid by Tenant. The Security Deposit shall not be refunded until the end of the
Term. No assignment or sublease shall release Tenant from the obligations of this Lease.
6. OCCUPANCY AND USE. The Premises is for the sole use as a non-commercial,
private residence for Tenant and Tenant’s children, and for no others without the written
permission of Landlord, short term overnight guests excepted. Occupancy by any other
person(s), without written permission, is a violation of this Lease. Tenant shall not do or permit
any act or thing on the Premises or Property that shall be unlawful or create a nuisance. Nor shall
Tenant use the Premises or Property for any purpose that shall vitiate any insurance against fire,
or shall be deemed extra-hazardous as to fire by insurance companies or that shall cause an
increase in Landlord’s insurance premiums. Tenant shall observe all regulations now or hereafter
established by Landlord for the common interest of all tenants. Tenant further agrees to park
Tenant’s vehicles as designated by Landlord and to keep any parking space clean of drippings
and debris. Upon termination of this Lease, Tenant agrees to surrender possession of the
In Process
Premises and all equipment and fixtures owned by Landlord in as good a condition and repair as
when received with the exception of regular use and normal wear and tear.
7. UTILITIES. Responsibility for payment of utilities and other miscellaneous services are
as follows:
Heat X Tenant ❑ Landlord
Water/sewer Tenant X Landlord
Electricity X Tenant ❑ Landlord
Telephone X Tenant ❑ Landlord
Cable TV/internet X Tenant ❑ Landlord
Gas X Tenant ❑ Landlord
Rubbish Removal Tenant X Landlord
Grounds ❑ Tenant X Landlord
Snow Removal ❑ Tenant X Landlord
Walkways ❑ Tenant X Landlord
Driveways ❑ Tenant X Landlord
Septic Maintenance ❑ Tenant X Landlord
Other (specify) ❑ Tenant ❑ Landlord
__________________
_______ __________
Note: X indicates the tenant/landord responsible
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DocuSign Envelope ID: F5CA7AE7-6300-42B3-8F5F-D661C2752398
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Tenant shall not use the utilities for any purpose other than reasonable household use for Tenant
and permitted occupants of the Premises.
8. ALTERATIONS. Tenant agrees not to make any alterations, additions, improvements or
changes to the Premises or Property, interior or exterior, or to the equipment and fixtures
provided by Landlord or to install any major appliance on the Premises or Property, in each case
without written consent from Landlord, which Landlord may withhold in Landlord’s sole
discretion. Tenant shall not alter the connections of any plumbing, heating, electric, cable or
telephone system on the Premises or Property. Any permanent improvements shall become the
property of Landlord, although Landlord may condition approval of improvements upon the
removal by Tenant and restoration of the Premises or Property at Tenant’s expense at the end of
the Term. Without waiving Tenant’s statutory rights, Tenant agrees not to repair the Premises,
Property, or anything belonging to Landlord without first obtaining Landlord’s written
permission. Tenant shall hold Landlord harmless for any mechanic’s lien or similar claims
against the Premises or Property resulting from any work contracted for by Tenant, and shall
discharge any mechanic’s lien or similar claims within ten (10) days after the filing of any such
lien or claim, in each case at Tenant’s sole cost and expense.
9. RESTRICTIONS. No external television or radio antennas or satellite dishes may be
installed outside the Premises, nor may signs or other devices be hung from the exterior of any
building on the Property, in each case without the written consent of Landlord. No trailers, boats,
ATVs, snowmobiles or other recreational vehicles may be stored or parked on the Premises or
Property without the written permission of Landlord. Tenant shall use picture hooks and not nails
In Process
or other devices for hanging articles on the interior walls. The toilets and sinks shall not be used
for any purposes other than those for which they were constructed nor shall rubbish, rags or any
other improper article be thrown in the toilets. No waterbed shall be used in the Premises. No
items shall be kept in halls or stairways. Costs of damage to the Premises or Property or
equipment or fixtures caused by misuse shall be borne by Tenant.
10. CLEANLINESS AND DUTY TO MAINTAIN. Tenant shall maintain the Premises in a
clean and sanitary condition at all times. Tenant shall not sweep, throw, or dispose of nor permit
to be swept, thrown or disposed of, from the Premises nor from any doors, windows, balconies,
porches, or other parts of the building, any dirt, waste, rubbish or other substances or articles into
any other part of the Property, except in compliance with applicable laws, state and local
requirements, and Landlord’s rules and regulations. Tenant shall keep the smoke detectors and
carbon monoxide detectors on the Premises in working condition by keeping charged batteries in
battery-operated smoke detectors and carbon monoxide detectors, by testing the smoke detectors
and carbon monoxide detectors periodically, and by refraining from disabling the smoke
detectors and carbon monoxide detectors. Tenant shall notify Landlord in writing of any
deficiencies in the smoke detectors and the carbon monoxide detectors.
11. OTHER REGULATIONS. Tenant agrees to conform to such lawful rules and
regulations which are reasonably related to the purpose and provisions of the Lease, as shall from
time to time be established by Landlord in the future for the safety, care, cleanliness or orderly
{P1229041.4} 6
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conduct of the Premises and Property, and for the benefit, safety, comfort and convenience of all
occupants of the Property.
12. APPLIANCES. There is included in the Lease the appliances contained in the Premises,
including, but not by way of limitation:
cooking range/oven XY
❑ ❑N
stove hood XY
❑ ❑N
refrigerator ❑Y
X ❑N
dishwasher X Y
❑ ❑N
garbage disposal X
❑Y ❑N
Laundry washer/dryer ❑Y ❑N
All appliances are provided in as is, where is condition. Tenant agrees to use and maintain all
such equipment, appliances, plumbing fixtures and other equipment so provided in the manner
for which they were intended. Tenant is responsible for any damages and repairs to the Premises
or Property brought on by the misuse, neglect or damage of such equipment. Should Tenant fail
or refuse to make repairs after reasonable notice from Landlord, Landlord may cause said repair
to be made and the cost shall be charged as additional Rent due immediately from Tenant. Major
appliances not supplied by Landlord may not be used without written permission of Landlord.
13. PETS. No pets are permitted at any time without the expressed written permission of
Landlord. Pet-sitting is not permitted. If an agreement is reached between Landlord to allow a
In Process
pet on the Premises, a Lease Addendum for Pets must be attached to this Lease and signed by
Tenant and Landlord.
14. FIRE AND CASUALTY. If the Premises or Property is damaged by fire or other
casualty, Landlord may, without limiting Landlord’s other rights or remedies, elect to (i) cause
the damage to be repaired as speedily as possible without lapse or abatement of Rent due or
payable, or (ii) terminate this Lease by giving Tenant at least five (5) days’ written notice.
However, if the Premises or Property shall be destroyed or damaged by fire or other cause as to
render the Premises or Property uninhabitable, either party may elect to terminate this Lease by
giving the other party at least five (5) days’ written notice. Notwithstanding the foregoing
sentence, if such destruction is caused by Tenant’s intentional misconduct, Tenant shall not be
relieved of the responsibility for payment of Rent and other sums due and payable under this
Lease, and shall bear full responsibility for repair of the damage and any incidental damages.
15. TENANT’S PROPERTY. Landlord’s insurance covers only Landlord’s property,
liabilities and interests. It does not cover Tenant’s property. Except as provided by law, Landlord
shall not be liable for loss or damage to the property of Tenant or Tenant’s guests, invitees, or
licensees. At Landlord’s request, Tenant shall purchase and maintain separate renter’s insurance
and provide proof of such insurance to Landlord. If, upon termination of this Lease or
abandonment of the Premises by Tenant, Tenant leaves any property on the Premises or Property,
said property shall be deemed to be have been abandoned and may be either retained by
Landlord as Landlord’s property, or disposed of by sale, donation or in any other manner as
{P1229041.4} 7
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Landlord may deem appropriate upon notice to Tenant, as provided by law, but without
compensation to Tenant. The cost to Landlord to remove and dispose of such property may be
paid from the Security Deposit held by Landlord.
16. RELEASE OF LIABILITY. Except as provided by law, Landlord and Landlord’s
agents and employees shall not be liable for any damage to the person or property of Tenant or
any other person occupying or visiting the Premises or Property sustained due to: (1) the
Premises or Property or any part or appurtenances thereof becoming out of repair; (2) water,
waste, snow, ice, frost, steam, fire, sewerage, sewer gas or odors, bursting or leaking pipes or
plumbing fixtures, mechanical breakdown or failure, electrical failure, mold or mildew; (3) any
accident in or about the Premises or Property; (4) fire, hurricane or other acts of God; or (5) any
action or inaction of Landlord or Landlord’s agents or employees (except to the extent any of the
foregoing are caused by Landlord’s willful misconduct). Further, except as provided by law,
Landlord shall not be liable to Tenant for any damage to the person or property of Tenant
sustained due to, arising out of, or caused by, the acts or omissions (including negligence) of any
third party (except that the foregoing shall not be construed as a disclaimer or exculpation of
liability for negligence of Landlord or Landlord’s agents if such disclaimer or exculpation is not
permitted by applicable law).
17. INDEMNIFICATION. To the fullest extent permitted by applicable law, Tenant agrees
to indemnify and hold harmless Landlord and all of its employees, officers, directors, and agents
(“Indemnitee”) for any loss, damage, claims, demand, suits, judgements or liabilities which
Indemnitee may incur, and any costs or expenses to which Indemnitee may be put, arising from
In Process
any injury or death to persons or property, or any claim on account thereof, in each case to the
extent resulting from use of the Premises or Property by Tenant or Tenant’s guests, invitees or
licensees.
18. QUIET AND PEACEFUL ENJOYMENT. Provided Tenant pays Rent, and abides by
all of the covenants, conditions, rules and regulations as set forth in this Lease, Tenant shall have
quiet and peaceful enjoyment of the Premises for the Term. Additionally, Tenant shall not make
or permit any disturbing noise on or about the Premises or Property, nor shall Tenant permit
anything that would interfere with the rights, comforts, conveniences, or quiet and peaceful
enjoyment of other tenants and neighbors. Tenant shall not operate any radio, stereo, television,
musical instrument, sound system or other such device at a volume disturbing to other tenants or
neighbors. Noise from any party or entertaining must be held to a reasonable level and must end
by 9:30 P.M.
19. NOTICES. Written notices to Landlord shall be deemed delivered when delivered
personally or sent by certified mail, return receipt requested or by overnight courier to
Landlord’s address as indicated in the preamble of this Lease or to such other address as
Landlord may designate by written notice to Tenant. Written notices to Tenant shall be deemed
delivered when delivered personally or sent by certified mail, return receipt requested or by
overnight courier to Tenant at the Premises. In the event of multiple Tenants, notice to one
Tenant shall be deemed notice to all Tenants. Notwithstanding the foregoing, notice by either
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party to the other shall be deemed adequately given when such notice is actually received by the
other party.
20. ABANDONMENT. In the event any installment of Rent shall not be paid within 21 days
of its due date, and Tenant shall not have been physically present on the Premises during such
period of time, it shall be conclusively deemed, and Tenant so agrees, that the Premises has been
abandoned regardless of whether any of Tenant’s possessions remain on the Premises, and in
such event, Landlord may declare Tenant in default and terminate Tenant’s tenancy.
21. EXTENDED ABSENCES. To protect the interests of both Tenant and Landlord from
inadvertent determination that the Premises have been abandoned, Tenant shall notify Landlord
of any absences of more than 14 days. Said notification shall not relieve Tenant from paying
Rent on time or from any of the responsibilities associated with maintaining and monitoring
systems associated with the Premises.
22. RIGHT OF ENTRY. Landlord or its employees and agents shall have the right to enter
the Premises for inspection, repairs, and/or future leasing or sale at reasonable hours upon 24
hours’ notice, except in the case of emergency or if it is impractical to do so, regardless of
whether Tenant or other occupants shall be on the Premises at the time.
23. REPAIRS. Tenant shall promptly notify Landlord of any needed repairs, and shall notify
Landlord immediately upon first discovering any signs of serious building problems, including
plumbing, electrical, structural and pest problems. Landlord shall make provisions, as soon as
In Process
reasonably possible, to repair any malfunctioning equipment or fixtures or defective conditions
that may develop. This includes plumbing leaks, electric and heating failures, and drain failures.
The repair for extraordinary items caused by the abuse, neglect or intentional damage of Tenant
or Tenant’s guests, invitees or licensees, shall be paid for by Tenant within 10 days after written
demand for reimbursement. No claim for compensation shall be made by Tenant against
Landlord for inconvenience or annoyance arising out of repairs or improvements made to the
Premises or Property or any portion thereof at any time.
24. INTERRUPTION OF SERVICE. Interruption or failure of any service maintained by
Landlord, if due to causes beyond Landlord’s control, shall not entitle Tenant to any claim
against Landlord nor to any reduction in Rent, and shall not constitute constructive eviction
unless Landlord should fail to take such measures as may be reasonable in the circumstances to
restore the services without undo delay.
25. TAXES. Landlord shall pay all municipal taxes and assessments.
26. DEFAULT. Landlord shall, at its option, be entitled to declare Tenant in default of this
Lease upon the occurrence of any of the following (each, an “Event of Default”):
a. Tenant fails to pay any sum required to be paid under this Lease by Tenant within seven
(7) days after the date the same is due;
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b. The leasehold interest of Tenant is levied upon or attached by process of law and such
levy or attachment is not dissolved within thirty (30) days after it is made;
c. Tenant abandons or vacates the Premises during the Term;
d. Tenant assigns this Lease or sublets any portion of the Premises, or attempts to do either
of those things, except as may be expressly permitted in this Lease;
e. Tenant violates or fails to observe or comply with any applicable law, code, ordinance,
rule, or regulation of any governmental body;
f. Tenant fails to perform or observe any other agreement, covenant or provision of this
Lease not set forth in this section or fails to perform or observe any applicable rules and
regulations promulgated by Landlord and such failure continues for thirty (30) days after
the giving of written notice thereof by Landlord.
27. REMEDIES. Upon the occurrence of an Event of Default, Landlord lawfully may,
immediately or at any time thereafter, in accordance with Maine law, terminate this Lease by
sending written notice of termination to Tenant or enter into and upon the Premises or any part
thereof in the name of the whole and repossess the same as of its former estate, and expel Tenant
and those claiming through or under Tenant and remove their effects, in each case without being
deemed guilty of any manner of trespass and without prejudice to any remedies which might
otherwise be used for collection of damages for breach of covenant, and upon entry or the
In Process
sending of such written notice of termination, this Lease shall terminate. In addition, if Tenant
fails to perform or observe any covenant, agreement, or condition in this Lease to be performed
or observed by Tenant, Landlord may, at its option, without waiving any claim for damages for
breach of this Lease and regardless of whether such failure has ripened into an Event of Default,
perform such covenant, agreement, or condition on Tenant’s behalf. Any amount paid or any
liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of
Tenant, and Tenant agrees to reimburse Landlord within ten (10) days of demand. Tenant waives
the right to a jury trial resulting from breach of any term or condition of this Agreement by
Tenant.
28. RECOVERY OF RENTS, COSTS AND FEES. Tenant agrees that whether possession
is taken or this Lease is canceled by Landlord, the entire unpaid balance of Rent for the
remainder of the Term shall accelerate and immediately become due and payable, subject to
Landlord’s duty to mitigate its damages as provided by law, and Tenant shall be responsible for
all costs incurred by Landlord in enforcing this and any other provision of this Lease, including
reasonable attorneys’ fees. In the event of a default by Tenant, Landlord may retain the Security
Deposit and apply it against actual damages sustained by Landlord by reason of Tenant’s default
upon notice to Tenant as provided by law. The retention of the Security Deposit shall not be the
only remedy to which Landlord is entitled but Landlord shall have all recourse against Tenant
provided by this Lease and by law, and all remedies shall be cumulative and nonexclusive. Any
legal action shall be instituted in the courts of the State of Maine and the county of Cumberland
and not elsewhere.
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29. RIGHTS OF MORTGAGE. Landlord reserves the right to subject and subordinate this
Lease at all times to the lien of any mortgage(s) now or hereafter placed upon the Premises,
Property, or any buildings placed upon the land upon which the leased Premises form a part, and
Tenant covenants and agrees to execute and deliver, upon demand, such instrument(s)
subordinating this Lease to the lien of any such mortgage(s) as shall be desired by Landlord
and/or any mortgages or proposed mortgages and hereby irrevocably appoints Landlord the
attorney-in-fact of Tenant to execute and deliver such instrument(s) for and in the name of
Tenant.
30. SMOKING POLICY. Smoking on all interior and exterior portions of the Premises and
Property is expressly prohibited. For purposes of this section, “smoking” means inhaling,
exhaling, breathing or carrying any (i) lighted or heated tobacco, marijuana or other plant
product or derivative, or (ii) any electronic or other device intended to deliver a vapor of liquid
nicotine or other substance to the user. Notwithstanding any provision in this Lease to the
contrary, Tenant shall not engage in smoking on any portion of the Premises or Property, and
shall prevent other occupants and Tenant’s guests, invitees, and licensees from doing so.
31. DISCLOSURES. The following disclosure forms are attached to this Lease and
incorporated by reference:
❑ List of the names of each supplier of energy that previously supplied the
Premises, if known (Tenant has the right to obtain a 12-month history of energy
In Process
consumption and the cost of that consumption from the energy supplier), or
Energy Efficiency Disclosure Form for Rental Units in Maine.
❑ Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards;
and
❑ Landlord Disclosure to Tenants of Radon Gas Hazards in a Residential Rental
Property.
32. BROKERS. Tenant and Landlord each represent and warrant to the other that they have
had no dealings with any person, firm, broker or finder other than Domaine Real Estate
(“Broker”) in connection with the rental of the Premises that is entitled to any commission or
finder’s fee. Landlord is responsible for any fees of the Broker. Tenant and Landlord each agree
to indemnify, protect, defend and hold the other harmless from and against liability for
compensation or charges which may be claimed by any such unnamed person, broker, finder or
other similar party by reason of any dealings or actions of the indemnifying party.
33. BROKER INDEMNIFICATION. Tenant releases and agrees to indemnify and hold
harmless Broker and all of its employees, officers, directors, and agents of and from any and all
claims, demands, liabilities, losses, costs or expenses for any loss, including, but not limited to,
bodily injury (including death), personal injury, property damage, expenses, and attorneys’ fees,
caused by, growing out of, or otherwise happening in connection with this Lease, due to any
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negligent or intentional act or omission on the part of Tenant or Tenant’s guests, invitees or
licensees, due to any negligent or intentional act or omission on the part of Landlord, or due to
the application or violation of any pertinent law. Broker is an express third party beneficiary of
this section.
34. NOTATION OF DAMAGES.
__________________________________________________
__________________________________________________
__________________________________________________
35. MISCELLANEOUS NOTATIONS.
___________________________________________________
___________________________________________________
36. MISCELLANEOUS.
a. If any portion of this Lease is found to be contrary to any local, state, or federal law, such
portion shall be null and void, as if it had never appeared in the Lease, and the Lease shall
In Process
be read as originally written to the fullest extent possible, omitting only the specific
portion that is unlawful. The validity of any other item in this Lease shall not be affected.
b. All rights and remedies given to Landlord or Tenant under this Lease shall be distinct,
separate, and cumulative, and the use of one or more thereof shall not exclude or waive
any other right or remedy allowed by law.
c. Waiver or acquiescence by Landlord in any default or breach by Tenant, or failure of
Landlord to insist upon strict performance by Tenant of any covenants, conditions or
agreements in this Lease shall not constitute a waiver of the subject default or breach,
except to the extent expressly set forth in writing, or any subsequent or any other default
or breach, whether similar or dissimilar.
d. Plural references made to the parties involved in this Lease shall be deemed to apply to
the singular, and singular references shall be deemed to apply to the plural as appropriate.
These references also apply to Landlord’s and Tenant’s heirs, executors, administrators,
or successors, as the case may be.
e. Landlord and Tenant agree that this Lease constitutes the entire agreement of the parties
and that this Lease shall not be modified, changed, altered or amended in any way except
through a written amendment signed by all the parties hereto.
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f. This Lease is governed by the internal laws of Maine without giving force or effect to its
conflicts of law rules.
Tenant and Landlord have caused this Lease to be executed effective as of June 1, 2024.
TENANT: LANDLORD:
5/10/2024 | 8:14 AM EDT 5/10/2024 | 11:58 AM EDT
Printed Name: Hans Goudy Printed Name: Michael Nicolai
5/10/2024 | 6:45 AM PDT
Printed Name: Zoe Kennedy
5/15/2024 | 10:20 AM EDT
Printed Name: Sean McGuire
In Process
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Docusign Envelope ID: A2B2B286-B870-49D4-9015-3163C76E7E48
**IMPORTANT**
THIS LEASE TEMPLATE IS BEING PROVIDED BY DOMAINE AS A
CONVENIENCE TO THE RECIPIENT. DOMAINE HEREBY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES REGARDING THIS LEASE TEMPLATE
AND ITS USE. USE OF THIS LEASE TEMPLATE IS AT THE SOLE RISK OF THE
USER(S). LANDLORDS AND TENANTS ARE ADVISED TO OBTAIN ADVICE FROM
LEGAL COUNSEL BEFORE USING THIS LEASE TEMPLATE.
{P1229041.4} 1
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Docusign Envelope ID: A2B2B286-B870-49D4-9015-3163C76E7E48
LEASE SUMMARY PAGE
May 21, 2025
DATE OF LEASE: June 1, -----
2024
LANDLORD: Michael Nicolai
TENANT(S): Hans Goudy, Zoe Kennedy, Sean McGuire
OTHER OCCUPANTS: N/A
LEASED PREMISES: 11 Smith street
Portland, ME, 04102
TERM OF LEASE: 12 Months
COMMENCEMENT DATE: June 1, 2024
---- June1, 2025
EXPIRATION DATE: May, 31, 2025
----- May 31, 2026
MONTHLY RENT – Year 1: $----------
2,500.00 $2,600
-----------------
DUE AT SIGNING:
Security Deposit:
--------------- $----------
2,000.00
First Month’s Rent:
---------------- $----------
2,500.00
----------
Last Month’s Rent:
------------------- $----------
2,500.00
TOTAL DUE AT SIGNING: $----------
7,000.00
Tenants have paid deposit in the
amount of $4,500. This includes last
months rent of $2,500 and $2,000
security deposit
[LEASE AGREEMENT FOLLOWS]
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LEASE AGREEMENT
This lease agreement (“Lease”) is made by and between Michael Nicolai (“Landlord”), with a
mailing address of 11 Smith Street, Maine, 04012, and Hans Goudy, Zoe Kennedy, Sean
McGuire (“Tenant”).
Subject to the terms of this Lease, Landlord hereby leases to Tenant, and Tenant hereby leases
June 1, 2025 from Landlord, the premises known as in Portland, Maine (“Premises”), for a term of 12 months
to from June 1, 2024 to May 31, 2025, unless sooner terminated in accordance with the provisions
-------------------------------
May 31,2026
of this Lease (“Term”), under the following terms and conditions:
1. RENT. Tenant agrees to pay, in advance, without demand or notice, the sum of $
$$2,600 2,500.00 per month as rent (“Rent”), to be received by Landlord on or before the 1st day of each
--------
successive calendar month during the Term. Rent for a partial month shall be prorated. Should
any Rent payment be less than the full amount, Landlord may accept the lesser payment, and
Tenant agrees that Landlord shall not be bound by any statement that the lesser payment is
justified for any reason. Without waiving any of Landlord’s other rights under this Lease or
applicable law, if Tenant fails to pay an installment of Rent on or before the 15th day of the
month, Tenant shall be liable to Landlord for a late fee of 4% of the Rent due for one month. The
foregoing constitutes notice of a late rent penalty pursuant to 14 M.R.S.A. § 6028. Tenant is
specifically liable for all Rent and other sums due and payable under this Lease. The termination
of this Lease earlier than the stated expiration date due to a breach by Tenant will not relieve
Tenant from the obligation to pay all Rent and other sums due under this Lease for all periods
that would have been part of the Term but for such termination, subject to Landlord’s duty to use
reasonable efforts to mitigate its damages.
2. PAYMENT OF RENT. Tenant shall pay Rent in the form of a personal check, cashier’s
check, or money order payable to the order of Landlord, and Rent shall be mailed or personally
delivered to Landlord at the address stated in the preamble of this Lease or to such other address
as specified in writing by Landlord. If a check used to pay Landlord is returned without having
been paid, Tenant shall pay a returned check charge of $125.00 and be responsible for any late
Rent penalty as provided for under Section 1.
3. SECURITY DEPOSIT. Tenant has deposited $ 2,000.00 with Landlord as a security deposit
at the signing of this lease (“Security Deposit”). The Security Deposit shall be kept in a bank
account separate from the landlord’s other funds and protected in case of bankruptcy, foreclosure
or sale of the building, and will be returned to Tenant within 30 days of the termination of the
Term and peaceful surrender of possession, less any amount to cover (1) unpaid Rent and/or
other amounts owing to Landlord; (2) damages to the Premises and damages to the building and
the surrounding land and buildings owned by Landlord (“Property”) which are not due to normal
wear and tear, which damages may include cleaning costs and other costs attributable to failure
of Tenant to surrender the Premises in accordance with the provisions of this Lease; (3) missing
items; (4) Landlord’s cost of compliance with state and local law regarding Tenant’s abandoned
property; and (5) any other costs or expenses allowed by applicable law. Tenant’s liability under
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this Lease is not limited to the amount of the Security Deposit. The Security Deposit may not
be applied to Rent, including the next to last or final month’s Rent. Tenant may inspect the
Premises at the start of the Term and shall have 24 hours to report, in writing, any defects to
Landlord (other than damages noted in this Lease). If no report of defects is submitted, without
waiving Tenant’s statutory rights, Landlord and Tenant agree that the Premises is clean,
habitable, and in satisfactory condition, and that Tenant accepts the Premises in as-is condition,
with all faults. An inspection will be made once Tenant has vacated the Premises to determine
any charges to the Security Deposit. Without limiting the foregoing, the following checklist
outlines areas of particular concern and the approximate charges which will be made against the
Security Deposit if Landlord is required to perform any of the following tasks:
a. Refrigerator must be clean, turned off and door left open.
Charges against deposit if not done. $125.
b. Stove top, burner pans and oven must be clean.
Charges against deposit if not done. $125.
c. Sinks, countertops and all cabinets clean.
Charges against deposit if not done. $125.
d. Bathroom tiles, toilet, sinks, fixtures clean and free of all soap film.
Charges against deposit if not done. $125.
e. All floors washed, cleaned and vacuumed as necessary.
Charges against deposit if not done. $175.
f. Walls clean. Particular attention to be paid to areas in the kitchen,
around doors, closets and bathrooms.
Charges against deposit if not done. $ 175.
Additional charges will be made on a materials and labor basis for any damages, missing
items or necessitated cleaning not listed above.
3. CO-TENANTS. The obligations and commitments contained in this Lease shall be joint
and several among all of the persons listed as a Tenant above. Any breach of the terms of this
Lease by any Tenant or any other person occupying the Premises shall constitute a breach by
each Tenant. To the extent authorized by law, each Tenant agrees to be the agent of the other
Tenant(s) and occupants of the Premises and is both authorized and required to accept, on behalf
of other Tenant(s) and occupants, service of summonses and other notices relating to the tenancy.
Each Tenant hereby authorizes all other Tenants to accept service of summonses and notices
relating to the tenancy.
4. POSSESSION. Landlord shall endeavor to deliver possession to Tenant by the beginning
of the Term. If Landlord is unable to do so for any reason, Landlord shall not be held liable for
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any damages suffered by Tenant as a result, nor shall this Lease be considered void unless
Landlord is unable to deliver possession within ten (10) days following the beginning of the
Term. Possession of the Premises shall be deemed to have occurred when Landlord is ready to
deliver possession to Tenant and has made reasonable efforts to inform Tenant of such
availability.
5. SUBLET. Tenant will not sell or assign this Lease or sublet the Premises or any part of
the Premises to any person without first obtaining written consent of Landlord, which may be
withheld in Landlord’s sole discretion. If approved, payment of a $334.00 transfer fee shall be
required and paid by Tenant. The Security Deposit shall not be refunded until the end of the
Term. No assignment or sublease shall release Tenant from the obligations of this Lease.
6. OCCUPANCY AND USE. The Premises is for the sole use as a non-commercial,
private residence for Tenant and Tenant’s children, and for no others without the written
permission of Landlord, short term overnight guests excepted. Occupancy by any other
person(s), without written permission, is a violation of this Lease. Tenant shall not do or permit
any act or thing on the Premises or Property that shall be unlawful or create a nuisance. Nor shall
Tenant use the Premises or Property for any purpose that shall vitiate any insurance against fire,
or shall be deemed extra-hazardous as to fire by insurance companies or that shall cause an
increase in Landlord’s insurance premiums. Tenant shall observe all regulations now or hereafter
established by Landlord for the common interest of all tenants. Tenant further agrees to park
Tenant’s vehicles as designated by Landlord and to keep any parking space clean of drippings
and debris. Upon termination of this Lease, Tenant agrees to surrender possession of the
Premises and all equipment and fixtures owned by Landlord in as good a condition and repair as
when received with the exception of regular use and normal wear and tear.
7. UTILITIES. Responsibility for payment of utilities and other miscellaneous services are
as follows:
Heat X Tenant ❑ Landlord
Water/sewer Tenant X Landlord
Electricity X Tenant ❑ Landlord
Telephone X Tenant ❑ Landlord
Cable TV/internet X Tenant ❑ Landlord
Gas X Tenant ❑ Landlord
Rubbish Removal Tenant X Landlord
Grounds ❑ Tenant X Landlord
Snow Removal ❑ Tenant X Landlord
Walkways ❑ Tenant X Landlord
Driveways ❑ Tenant X Landlord
Septic Maintenance ❑ Tenant X Landlord
Other (specify) ❑ Tenant ❑ Landlord
__________________
_______ __________
Note: X indicates the tenant/landord responsible
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Tenant shall not use the utilities for any purpose other than reasonable household use for Tenant
and permitted occupants of the Premises.
8. ALTERATIONS. Tenant agrees not to make any alterations, additions, improvements or
changes to the Premises or Property, interior or exterior, or to the equipment and fixtures
provided by Landlord or to install any major appliance on the Premises or Property, in each case
without written consent from Landlord, which Landlord may withhold in Landlord’s sole
discretion. Tenant shall not alter the connections of any plumbing, heating, electric, cable or
telephone system on the Premises or Property. Any permanent improvements shall become the
property of Landlord, although Landlord may condition approval of improvements upon the
removal by Tenant and restoration of the Premises or Property at Tenant’s expense at the end of
the Term. Without waiving Tenant’s statutory rights, Tenant agrees not to repair the Premises,
Property, or anything belonging to Landlord without first obtaining Landlord’s written
permission. Tenant shall hold Landlord harmless for any mechanic’s lien or similar claims
against the Premises or Property resulting from any work contracted for by Tenant, and shall
discharge any mechanic’s lien or similar claims within ten (10) days after the filing of any such
lien or claim, in each case at Tenant’s sole cost and expense.
9. RESTRICTIONS. No external television or radio antennas or satellite dishes may be
installed outside the Premises, nor may signs or other devices be hung from the exterior of any
building on the Property, in each case without the written consent of Landlord. No trailers, boats,
ATVs, snowmobiles or other recreational vehicles may be stored or parked on the Premises or
Property without the written permission of Landlord. Tenant shall use picture hooks and not nails
or other devices for hanging articles on the interior walls. The toilets and sinks shall not be used
for any purposes other than those for which they were constructed nor shall rubbish, rags or any
other improper article be thrown in the toilets. No waterbed shall be used in the Premises. No
items shall be kept in halls or stairways. Costs of damage to the Premises or Property or
equipment or fixtures caused by misuse shall be borne by Tenant.
10. CLEANLINESS AND DUTY TO MAINTAIN. Tenant shall maintain the Premises in a
clean and sanitary condition at all times. Tenant shall not sweep, throw, or dispose of nor permit
to be swept, thrown or disposed of, from the Premises nor from any doors, windows, balconies,
porches, or other parts of the building, any dirt, waste, rubbish or other substances or articles into
any other part of the Property, except in compliance with applicable laws, state and local
requirements, and Landlord’s rules and regulations. Tenant shall keep the smoke detectors and
carbon monoxide detectors on the Premises in working condition by keeping charged batteries in
battery-operated smoke detectors and carbon monoxide detectors, by testing the smoke detectors
and carbon monoxide detectors periodically, and by refraining from disabling the smoke
detectors and carbon monoxide detectors. Tenant shall notify Landlord in writing of any
deficiencies in the smoke detectors and the carbon monoxide detectors.
11. OTHER REGULATIONS. Tenant agrees to conform to such lawful rules and
regulations which are reasonably related to the purpose and provisions of the Lease, as shall from
time to time be established by Landlord in the future for the safety, care, cleanliness or orderly
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conduct of the Premises and Property, and for the benefit, safety, comfort and convenience of all
occupants of the Property.
12. APPLIANCES. There is included in the Lease the appliances contained in the Premises,
including, but not by way of limitation:
cooking range/oven ❑Y ❑N
stove hood ❑Y ❑N
refrigerator ❑Y ❑N
dishwasher ❑Y ❑N
garbage disposal ❑Y ❑N
Laundry washer/dryer ❑Y ❑N
All appliances are provided in as is, where is condition. Tenant agrees to use and maintain all
such equipment, appliances, plumbing fixtures and other equipment so provided in the manner
for which they were intended. Tenant is responsible for any damages and repairs to the Premises
or Property brought on by the misuse, neglect or damage of such equipment. Should Tenant fail
or refuse to make repairs after reasonable notice from Landlord, Landlord may cause said repair
to be made and the cost shall be charged as additional Rent due immediately from Tenant. Major
appliances not supplied by Landlord may not be used without written permission of Landlord.
13. PETS. No pets are permitted at any time without the expressed written permission of
Landlord. Pet-sitting is not permitted. If an agreement is reached between Landlord to allow a
pet on the Premises, a Lease Addendum for Pets must be attached to this Lease and signed by
Tenant and Landlord.
14. FIRE AND CASUALTY. If the Premises or Property is damaged by fire or other
casualty, Landlord may, without limiting Landlord’s other rights or remedies, elect to (i) cause
the damage to be repaired as speedily as possible without lapse or abatement of Rent due or
payable, or (ii) terminate this Lease by giving Tenant at least five (5) days’ written notice.
However, if the Premises or Property shall be destroyed or damaged by fire or other cause as to
render the Premises or Property uninhabitable, either party may elect to terminate this Lease by
giving the other party at least five (5) days’ written notice. Notwithstanding the foregoing
sentence, if such destruction is caused by Tenant’s intentional misconduct, Tenant shall not be
relieved of the responsibility for payment of Rent and other sums due and payable under this
Lease, and shall bear full responsibility for repair of the damage and any incidental damages.
15. TENANT’S PROPERTY. Landlord’s insurance covers only Landlord’s property,
liabilities and interests. It does not cover Tenant’s property. Except as provided by law, Landlord
shall not be liable for loss or damage to the property of Tenant or Tenant’s guests, invitees, or
licensees. At Landlord’s request, Tenant shall purchase and maintain separate renter’s insurance
and provide proof of such insurance to Landlord. If, upon termination of this Lease or
abandonment of the Premises by Tenant, Tenant leaves any property on the Premises or Property,
said property shall be deemed to be have been abandoned and may be either retained by
Landlord as Landlord’s property, or disposed of by sale, donation or in any other manner as
{P1229041.4} 7
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Landlord may deem appropriate upon notice to Tenant, as provided by law, but without
compensation to Tenant. The cost to Landlord to remove and dispose of such property may be
paid from the Security Deposit held by Landlord.
16. RELEASE OF LIABILITY. Except as provided by law, Landlord and Landlord’s
agents and employees shall not be liable for any damage to the person or property of Tenant or
any other person occupying or visiting the Premises or Property sustained due to: (1) the
Premises or Property or any part or appurtenances thereof becoming out of repair; (2) water,
waste, snow, ice, frost, steam, fire, sewerage, sewer gas or odors, bursting or leaking pipes or
plumbing fixtures, mechanical breakdown or failure, electrical failure, mold or mildew; (3) any
accident in or about the Premises or Property; (4) fire, hurricane or other acts of God; or (5) any
action or inaction of Landlord or Landlord’s agents or employees (except to the extent any of the
foregoing are caused by Landlord’s willful misconduct). Further, except as provided by law,
Landlord shall not be liable to Tenant for any damage to the person or property of Tenant
sustained due to, arising out of, or caused by, the acts or omissions (including negligence) of any
third party (except that the foregoing shall not be construed as a disclaimer or exculpation of
liability for negligence of Landlord or Landlord’s agents if such disclaimer or exculpation is not
permitted by applicable law).
17. INDEMNIFICATION. To the fullest extent permitted by applicable law, Tenant agrees
to indemnify and hold harmless Landlord and all of its employees, officers, directors, and agents
(“Indemnitee”) for any loss, damage, claims, demand, suits, judgements or liabilities which
Indemnitee may incur, and any costs or expenses to which Indemnitee may be put, arising from
any injury or death to persons or property, or any claim on account thereof, in each case to the
extent resulting from use of the Premises or Property by Tenant or Tenant’s guests, invitees or
licensees.
18. QUIET AND PEACEFUL ENJOYMENT. Provided Tenant pays Rent, and abides by
all of the covenants, conditions, rules and regulations as set forth in this Lease, Tenant shall have
quiet and peaceful enjoyment of the Premises for the Term. Additionally, Tenant shall not make
or permit any disturbing noise on or about the Premises or Property, nor shall Tenant permit
anything that would interfere with the rights, comforts, conveniences, or quiet and peaceful
enjoyment of other tenants and neighbors. Tenant shall not operate any radio, stereo, television,
musical instrument, sound system or other such device at a volume disturbing to other tenants or
neighbors. Noise from any party or entertaining must be held to a reasonable level and must end
by 9:30 P.M.
19. NOTICES. Written notices to Landlord shall be deemed delivered when delivered
personally or sent by certified mail, return receipt requested or by overnight courier to
Landlord’s address as indicated in the preamble of this Lease or to such other address as
Landlord may designate by written notice to Tenant. Written notices to Tenant shall be deemed
delivered when delivered personally or sent by certified mail, return receipt requested or by
overnight courier to Tenant at the Premises. In the event of multiple Tenants, notice to one
Tenant shall be deemed notice to all Tenants. Notwithstanding the foregoing, notice by either
{P1229041.4} 8
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party to the other shall be deemed adequately given when such notice is actually received by the
other party.
20. ABANDONMENT. In the event any installment of Rent shall not be paid within 21 days
of its due date, and Tenant shall not have been physically present on the Premises during such
period of time, it shall be conclusively deemed, and Tenant so agrees, that the Premises has been
abandoned regardless of whether any of Tenant’s possessions remain on the Premises, and in
such event, Landlord may declare Tenant in default and terminate Tenant’s tenancy.
21. EXTENDED ABSENCES. To protect the interests of both Tenant and Landlord from
inadvertent determination that the Premises have been abandoned, Tenant shall notify Landlord
of any absences of more than 14 days. Said notification shall not relieve Tenant from paying
Rent on time or from any of the responsibilities associated with maintaining and monitoring
systems associated with the Premises.
22. RIGHT OF ENTRY. Landlord or its employees and agents shall have the right to enter
the Premises for inspection, repairs, and/or future leasing or sale at reasonable hours upon 24
hours’ notice, except in the case of emergency or if it is impractical to do so, regardless of
whether Tenant or other occupants shall be on the Premises at the time.
23. REPAIRS. Tenant shall promptly notify Landlord of any needed repairs, and shall notify
Landlord immediately upon first discovering any signs of serious building problems, including
plumbing, electrical, structural and pest problems. Landlord shall make provisions, as soon as
reasonably possible, to repair any malfunctioning equipment or fixtures or defective conditions
that may develop. This includes plumbing leaks, electric and heating failures, and drain failures.
The repair for extraordinary items caused by the abuse, neglect or intentional damage of Tenant
or Tenant’s guests, invitees or licensees, shall be paid for by Tenant within 10 days after written
demand for reimbursement. No claim for compensation shall be made by Tenant against
Landlord for inconvenience or annoyance arising out of repairs or improvements made to the
Premises or Property or any portion thereof at any time.
24. INTERRUPTION OF SERVICE. Interruption or failure of any service maintained by
Landlord, if due to causes beyond Landlord’s control, shall not entitle Tenant to any claim
against Landlord nor to any reduction in Rent, and shall not constitute constructive eviction
unless Landlord should fail to take such measures as may be reasonable in the circumstances to
restore the services without undo delay.
25. TAXES. Landlord shall pay all municipal taxes and assessments.
26. DEFAULT. Landlord shall, at its option, be entitled to declare Tenant in default of this
Lease upon the occurrence of any of the following (each, an “Event of Default”):
a. Tenant fails to pay any sum required to be paid under this Lease by Tenant within seven
(7) days after the date the same is due;
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b. The leasehold interest of Tenant is levied upon or attached by process of law and such
levy or attachment is not dissolved within thirty (30) days after it is made;
c. Tenant abandons or vacates the Premises during the Term;
d. Tenant assigns this Lease or sublets any portion of the Premises, or attempts to do either
of those things, except as may be expressly permitted in this Lease;
e. Tenant violates or fails to observe or comply with any applicable law, code, ordinance,
rule, or regulation of any governmental body;
f. Tenant fails to perform or observe any other agreement, covenant or provision of this
Lease not set forth in this section or fails to perform or observe any applicable rules and
regulations promulgated by Landlord and such failure continues for thirty (30) days after
the giving of written notice thereof by Landlord.
27. REMEDIES. Upon the occurrence of an Event of Default, Landlord lawfully may,
immediately or at any time thereafter, in accordance with Maine law, terminate this Lease by
sending written notice of termination to Tenant or enter into and upon the Premises or any part
thereof in the name of the whole and repossess the same as of its former estate, and expel Tenant
and those claiming through or under Tenant and remove their effects, in each case without being
deemed guilty of any manner of trespass and without prejudice to any remedies which might
otherwise be used for collection of damages for breach of covenant, and upon entry or the
sending of such written notice of termination, this Lease shall terminate. In addition, if Tenant
fails to perform or observe any covenant, agreement, or condition in this Lease to be performed
or observed by Tenant, Landlord may, at its option, without waiving any claim for damages for
breach of this Lease and regardless of whether such failure has ripened into an Event of Default,
perform such covenant, agreement, or condition on Tenant’s behalf. Any amount paid or any
liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of
Tenant, and Tenant agrees to reimburse Landlord within ten (10) days of demand. Tenant waives
the right to a jury trial resulting from breach of any term or condition of this Agreement by
Tenant.
28. RECOVERY OF RENTS, COSTS AND FEES. Tenant agrees that whether possession
is taken or this Lease is canceled by Landlord, the entire unpaid balance of Rent for the
remainder of the Term shall accelerate and immediately become due and payable, subject to
Landlord’s duty to mitigate its damages as provided by law, and Tenant shall be responsible for
all costs incurred by Landlord in enforcing this and any other provision of this Lease, including
reasonable attorneys’ fees. In the event of a default by Tenant, Landlord may retain the Security
Deposit and apply it against actual damages sustained by Landlord by reason of Tenant’s default
upon notice to Tenant as provided by law. The retention of the Security Deposit shall not be the
only remedy to which Landlord is entitled but Landlord shall have all recourse against Tenant
provided by this Lease and by law, and all remedies shall be cumulative and nonexclusive. Any
legal action shall be instituted in the courts of the State of Maine and the county of Cumberland
and not elsewhere.
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29. RIGHTS OF MORTGAGE. Landlord reserves the right to subject and subordinate this
Lease at all times to the lien of any mortgage(s) now or hereafter placed upon the Premises,
Property, or any buildings placed upon the land upon which the leased Premises form a part, and
Tenant covenants and agrees to execute and deliver, upon demand, such instrument(s)
subordinating this Lease to the lien of any such mortgage(s) as shall be desired by Landlord
and/or any mortgages or proposed mortgages and hereby irrevocably appoints Landlord the
attorney-in-fact of Tenant to execute and deliver such instrument(s) for and in the name of
Tenant.
30. SMOKING POLICY. Smoking on all interior and exterior portions of the Premises and
Property is expressly prohibited. For purposes of this section, “smoking” means inhaling,
exhaling, breathing or carrying any (i) lighted or heated tobacco, marijuana or other plant
product or derivative, or (ii) any electronic or other device intended to deliver a vapor of liquid
nicotine or other substance to the user. Notwithstanding any provision in this Lease to the
contrary, Tenant shall not engage in smoking on any portion of the Premises or Property, and
shall prevent other occupants and Tenant’s guests, invitees, and licensees from doing so.
31. DISCLOSURES. The following disclosure forms are attached to this Lease and
incorporated by reference:
❑ List of the names of each supplier of energy that previously supplied the
Premises, if known (Tenant has the right to obtain a 12-month history of energy
consumption and the cost of that consumption from the energy supplier), or
Energy Efficiency Disclosure Form for Rental Units in Maine.
❑ Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards;
and
❑ Landlord Disclosure to Tenants of Radon Gas Hazards in a Residential Rental
Property.
32. BROKERS. Tenant and Landlord each represent and warrant to the other that they have
had no dealings with any person, firm, broker or finder other than Domaine Real Estate
(“Broker”) in connection with the rental of the Premises that is entitled to any commission or
finder’s fee. Landlord is responsible for any fees of the Broker. Tenant and Landlord each agree
to indemnify, protect, defend and hold the other harmless from and against liability for
compensation or charges which may be claimed by any such unnamed person, broker, finder or
other similar party by reason of any dealings or actions of the indemnifying party.
33. BROKER INDEMNIFICATION. Tenant releases and agrees to indemnify and hold
harmless Broker and all of its employees, officers, directors, and agents of and from any and all
claims, demands, liabilities, losses, costs or expenses for any loss, including, but not limited to,
bodily injury (including death), personal injury, property damage, expenses, and attorneys’ fees,
caused by, growing out of, or otherwise happening in connection with this Lease, due to any
{P1229041.4} 11
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Docusign Envelope ID: A2B2B286-B870-49D4-9015-3163C76E7E48
negligent or intentional act or omission on the part of Tenant or Tenant’s guests, invitees or
licensees, due to any negligent or intentional act or omission on the part of Landlord, or due to
the application or violation of any pertinent law. Broker is an express third party beneficiary of
this section.
34. NOTATION OF DAMAGES.
__________________________________________________
__________________________________________________
__________________________________________________
35. MISCELLANEOUS NOTATIONS.
___________________________________________________
___________________________________________________
36. MISCELLANEOUS.
a. If any portion of this Lease is found to be contrary to any local, state, or federal law, such
portion shall be null and void, as if it had never appeared in the Lease, and the Lease shall
be read as originally written to the fullest extent possible, omitting only the specific
portion that is unlawful. The validity of any other item in this Lease shall not be affected.
b. All rights and remedies given to Landlord or Tenant under this Lease shall be distinct,
separate, and cumulative, and the use of one or more thereof shall not exclude or waive
any other right or remedy allowed by law.
c. Waiver or acquiescence by Landlord in any default or breach by Tenant, or failure of
Landlord to insist upon strict performance by Tenant of any covenants, conditions or
agreements in this Lease shall not constitute a waiver of the subject default or breach,
except to the extent expressly set forth in writing, or any subsequent or any other default
or breach, whether similar or dissimilar.
d. Plural references made to the parties involved in this Lease shall be deemed to apply to
the singular, and singular references shall be deemed to apply to the plural as appropriate.
These references also apply to Landlord’s and Tenant’s heirs, executors, administrators,
or successors, as the case may be.
e. Landlord and Tenant agree that this Lease constitutes the entire agreement of the parties
and that this Lease shall not be modified, changed, altered or amended in any way except
through a written amendment signed by all the parties hereto.
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f. This Lease is governed by the internal laws of Maine without giving force or effect to its
conflicts of law rules.
-------------
Tenant and Landlord have caused this Lease to be executed effective as of June 1, 2024.
June 1, 2025
TENANT: LANDLORD:
Printed Name: Hans Goudy Printed Name: Michael Nicolai
Printed Name: Zoe Kennedy
Printed Name: Sean McGuire
{P1229041.4} 13
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City of Portland | Permitting and Inspections
Zachary Lenhert, Licensing and Housing Safety Manager
05/01/2026
License #: LTR-007466-2025
Code Case #: RCC2600698
Snowy Owl LLC /
PO Box 15372
Portland, ME 04112
NOTICE OF VIOLATION AND ORDER TO CORRECT
To Whom It May Concern,
The City of Portland Permitting and Inspections Department inspected the rental data for 11 SMITH ST
PORTLAND, ME 04101 on 05/01/2026 and found violations of the City of Portland Code of Ordinances,
which are listed on the attached page(s). You are hereby ordered to correct these violations by 05/31/2026.
Please be advised that penalties will be applied if the violations are not corrected by that date.
If you do not correct the attached violations by the date given, then this matter will be referred to the City of
Portland Corporation Counsel for legal action, and you may be charged $150 for re-inspection per the
City’s fee schedule. In the event of court action, the City may be entitled to an order to correct the
violations, civil penalties in the minimum of $100 per violation per day, costs and fees, and other relief
under §1-15 of the City Code and 30-A M.R.S. §4452.
Please respond in writing via email to rentcontrol@portlandmaine.gov or send response by USPS to 389
Congress St, Portland, Maine 04101.
You have a right to appeal this decision to Superior Court within 30 days of the date of this notice pursuant
to Rule 80B of the Maine Rules of Civil Procedure.
I appreciate your anticipated cooperation, and please contact our office by calling 207-874-8900 if you have
any questions.
Thank you,
Mercedes Bohaty
Rental Registration Inspector
Snowy Owl LLC /
PO Box 15372
Portland, ME 04112
Page 54
389 Congress Street, Portland, Maine 04101 | 207-874-8900 | rentcontrol@portlandmaine.gov
Total Violations: 1
NON‑COMPLIANCE VIOLATION LIST
APPLICABLE CODE SECTION
City Code 6-155(d)
(S)
Any person, business entity, or other organization providing false information with
CODE DESCRIPTION respect to registration. Notwithstanding the provisions of § 6-1, the penalty for such
violation shall be $1,000.00
Owner provided false information when registering. The penalty for such violation
is $1,000.
According to the 2026 Supplemental Form submitted on December 29, 2025 rent
COMMENTS
for Unit #3 was registered at $5,000.00. According to a lease provided dated May
21, 2025, the rent being charged for Unit #3 was $2,600.00.
A fine of $1,000.00 must be paid by May 31, 2026.
DEADLINE 05/31/2026
Page 55
CITY OF PORTLAND
LICENSING & REGISTRATION
INVOICE 389 Congress Street
Portland, Maine 04101
(207) 756-8131
INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION
INV-00135058 05/01/2026 05/31/2026 Due NONE
REFERENCE NUMBER FEE NAME TOTAL
LTR-007466-2025 False Information Penalty - 6-155(d) $1,000.00
Sec 6-155(d) Any person, business entity, or other organization providing
false information with respect to registration. Notwithstanding the provisions
of § 6-1, the penalty for such violation shall be $1,000.00.
Snowy Owl Llc - 11 Smith St Portland, ME 04101 SUB TOTAL $1,000.00
TOTAL $1,000.00
BILLING CONTACT
Brent Adler
Federal Street Phoenix LLC
P.O. Box 15372
Portland, Me 04112
Make checks payable to the City of Portland, ATTN: Licensing & Registration, 389 Congress Street, Portland, ME 04101
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4/15/26, 12:20 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Apr 1, 2025
Description RETURNED BILL PAYMENT FROM Michael Nicolai
ISSUE DATE 12-30-24.
Type Transfer
Status Cleared
Amount $2,500.00
Description RETURNED BILL PAYMENT FROM Michael Nicolai ISSUE DATE
12-30-24.
Merchant name MICHAEL NICOLAI
Transaction category Cash, Checks & Misc : Other Expenses
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 59
4/15/26, 12:17 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Dec 30, 2024
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 60
4/15/26, 12:16 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Nov 29, 2024
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 61
4/15/26, 11:06 AM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Oct 30, 2024
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 62
4/15/26, 12:23 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date May 30, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 63
4/15/26, 12:22 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date May 29, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 64
4/15/26, 12:20 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Mar 28, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 65
4/15/26, 12:21 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date May 9, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 66
4/15/26, 12:19 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Feb 28, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
Page 67
4/15/26, 12:19 PM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Jan 30, 2025
Description Michael Nicolai Bill Payment
Type Bill Pay
Status Cleared
Amount -$2,500.00
Description Michael Nicolai Bill Payment
Merchant name MICHAEL NICOLAI
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
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4/15/26, 11:05 AM Bank of America | Online Banking | Deposit | Print Transaction Details
Adv Plus Banking - 8135 : Account Activity
Transaction details
Posting date Apr 3, 2026
Description BENGAL ENTERPRIS DES: PAYMENT ID:
XXXXX8248 INDN:Zoe Kennedy CO
ID:XXXXX93599 WEB
Type Other Payment
Status Cleared
Amount -$2,600.00
Description BENGAL ENTERPRIS DES: PAYMENT ID: XXXXX8248 INDN:Zoe
Kennedy CO ID:XXXXX93599 WEB
Merchant name BENGAL ENTERPRIS
Transaction category Uncategorized : Uncategorized
https://secure.bankofamerica.com/deposit-details/print/?adx=04bd2aa5e00fd9edaf6ff11654276492998c4ceac5d28f03b4857aa72b83d4df 1/1
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TIMELINE OF EVENTS
June 1, 2025
Lease Agreement begins between Sean and tenants Hans and Zoë
June 20, 2025
Purchase of Property
March 20–27, 2026
Discussion regarding potential rent changes with Hans and Zoë
March 27, 2026
Conclusion of rent discussion
April 2, 2026
90-Day Notice issued with letter
April 3, 2026
Email communication from Sean
April 16, 2026
Audit conducted
April 20, 2026
Complaint filed with Rental Board
April 23, 2026
Disclosures provided
April 30, 2026
Move-out letter submitted by Hans and Zoë exhibit F
May 1, 2026
Audit conclusion issued
May 3, 2026
Radon disclosure and test results provided
May 31, 2026
Lease end date
June 30, 2026
End of 90-day notice period
Page 74
Thank you for your time, I am glad to be a part of the process and will walk away with a better
understanding of the rental ordinance. I would like to become a better property manager and
have a deeper respect for Chapter 6 of the Land Use Code. The following is my best description
and defense of the claim presented to the board on 4/20.
Brief. 11 Smith Street is a 3 unit building. Unit 3 is a 3 bedroom occupied by Sean (applicant),
Hans and Zoë. The landlord Snowy Owl LLC has issued a 90 day notice to this unit. Hans and
Zoë are moving out as stated in the 90 day notice. The applicant (Sean) has declared this as
retaliation and has intentions of staying past the 90 days paying ⅓ a month. ($866.66) of total
rent.
Statement of facts. I have a string of emails between myself, Liv, Hans and Zoë. Please note
that Sean was not a part of this discussion. Sean was not included in this conversation because
his roommates did not want to move forward with him on the lease or occupy the apartment with
him because as stated by Hans “this year it became clear that we cannot sign a lease with him.
Zoë does not feel comfortable around him. I have had difficulties as well: among other things, I
struggled to get him to pay me back for utilities and have found the windows wide open in the
dead of winter.”
Sean also expressed interest in renting the apartment himself via text message on Feb 9th
2026 but nothing moved forward from this interest.
No rental increase was given, no new lease terms were presented.
I understand that Sean's complaint is in reference to 6-237(e) please consider that neither Hans
or Zoë have submitted a complaint or appeal to assert their rights under this ordinance. The 90
day notice was provided to tenants before the complaint to this board. No Action was taken or
documented such as a rental increase notice or lease to demonstrate that the rent would be
going up. Only after an informative conversation with the tenants, did I conclude that it was best
to follow Chapter 6, provide a 90 day notice, and choose a different path for the unit. One that is
more economically aligned with our goals of the property such as the applicability of 6-231. I
believe that Sean's retaliation complaint does not fall under the direction of this board as the 90
day notice was given prior to this complaint and no proof of an actionable increase is present.
Zoë and Hans have provided a letter stating that they will be moving out on the original lease
ending date 5/31. They have already paid last month's rent. Sean is continuing to pay ⅓. His
intentions are stated in a letter on 4/3. Sean is not planning on moving out but only pay his
third. All three occupants are responsible for the rent in its entirety. Will this action be allowed
given his 2 roommates are leaving? My concern is if the full rental amount is not paid,
regardless of the outcome of the rental board will I be within my right to issue a 7 day notice to
quit given failure to pay the full amount of rent? I would also like some guidance on the security
deposit and if Sean does not pay full rent and remains in the apartment will this security deposit
go to unpaid rent? I understand if this is not within the board's purview while some help may
avoid another hearing.
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Sean Email 4/2/2026
Snowy Owl LLC,
Let me start out by saying that I may have gotten off on the right foot, and moving forward it
looks like we will be moving forward on different terms.
I am now privy of your conversation with Zoe on this matter.
With all due respect I am very surprised by how unprofessional and sloppy you have been in
this. You did not understand or care about requirements, notices, rent control or ordinances.
Neither did your “attorney”.
As you know I am a landlord also. My lawyer (which I unfortunately use for evictions when I
must for lease violations) and I are of the opinion that you have given written proof of retaliation
by non-renewal after communicating with Zoe Kennedy first attempting an illegal rent increase.
We have fulfilled our end of contract in following lease and law. It seems like you may have just
attempted to not do that.
I can’t speak for roommates, but I intend to fight this retaliation until writ of possession is served
(unlikely). Until I move out my 1/3 of rent will continue to be paid and lease will continue to be
followed.
I’m clearly not here to give you advice, but someone should. What I would do is wait 6 months
until it is no longer classified as retaliation. Then give the 90 day notice or just pay the 2 months
rent penalty / or cash for keys. You run your business how you’d like of course, but if it were me,
a renovation, vacancy, applications, developing a negative reputation with Cumberland County
Court and Portland Rent Board, and this long extended process isn’t worth an extra $700 a
month.
As for your kind offer of a reference, while I appreciate it, I must decline.
Please let me know if you decide to reconsider or would like to find an off-ramp we can work
through together.
Very Sincerely,
Sean McGuire
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Email Thread: Discussion of new lease with Hans and Zoë
From: Zoë Kennedy
Date: Friday, Mar 20, 2026 at 8:00 AM
To: Liv Chase, Brent Adler
Cc: Hans Goudey
Hi Liv and Brent,
Following up on our conversation from a couple of weeks ago, Hans and are wondering if you've
had the chance to make up the lease for the next year, starting in June? Like we mentioned to
Brent, Hans and I would be the only tenants and have already discussed this with Sean.
Also, I'm curious what your policy is with pets, since the lease that we have signed isn't with
you. I have a small cat who is currently living at my parents house and we would like to move
her into this apartment. Would that be possible?
Thank you,
Zoë and Hans
From: Liv Chase
Date: Friday, Mar 20, 2026 at 8:47 AM
To: Brent Adler, Zoë Kennedy
Cc: Hans Goudey
Hi Zoe and Hans,
Sorry for the delay getting back to you. We really like having you as tenants and we are happy
to have you stay. With that said, as the new owners of the building we need to have all units at
market rent in order to cover our mortgage. Unit #1 and Unit #2 pay $3300/mth and we would
consider that market rent.
In regards to a cat living in the space, we can agree to that as long as the cat is litterbox trained.
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In regards to the number of people living in the unit. We understand that Sean would not be
living there anymore but we would be open to you getting a new third roommate if this made
sense for you.
Let us know your thoughts.
Thanks,
Liv and Brent
From: Zoë Kennedy
Date: Friday, Mar 20, 2026 at 9:07 AM
To: Liv Chase
Cc: Brent Adler, Hans Goudey
Hi Liv and Brent,
Thanks for getting back to us. I see on the city's website that 10 percent is the maximum
allowed rent increase. That would bring us to $2860/mth.
We do want to get a third roommate, but with our incomes we are comfortable paying the rent
between the two of us and will look into getting a third roommate later down the line.
Also, my cat is litterbox trained and historically has been a fantastic tenant!
Thank you,
Zoë and Hans
From: Hans Goudey
Date: Friday, Mar 20, 2026 at 3:26 PM
To: Liv Chase, Brent Adler
Cc: Zoë Kennedy
Liv and Brent,
I'd like to add one more thing that we really hoped not to have to mention, but it's looking like we
won't be able to resolve it among us. Zoë and I have discussed the lease directly with Sean and
have explained to him that we do not feel comfortable living with him, but he has said that he
wants to stay regardless. I've lived here for three years and found Sean and Zoë as roommates.
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Last year Sean was rarely here, but this year it became clear that we cannot sign a lease with
him. Zoë does not feel comfortable around him. I have had difficulties as well: among other
things, I struggled to get him to pay me back for utilities and have found the windows wide open
in the dead of winter.
We're sorry to have to involve you, we had really hoped to resolve this with Sean directly. Can
you help with this? We'd be happy to discuss this further over the phone.
Thank you,
Hans and Zoë
From: Brent Adler
Date: Saturday, Mar 21, 2026 at 3:40 PM
To: Hans Goudey
Cc: Liv Chase, Zoë Kennedy
We don’t have a problem just renting to you and Zoe. We have spoken with our attorney and we
believe due to the current registered nature of the units and the owner occupied status
previously used on the building we are going to move Forward with a higher rental increase than
10%. We want to continue renting to you and hoping this will not be a deal breaker. Let us know
how to proceed.
Brent
From: Zoë Kennedy
Date: Monday, Mar 23, 2026 at 4:34 PM
To: Brent Adler
Cc: Hans Goudey, Liv Chase
Hi Brent,
Thanks for understanding.
Can you clarify how the property is disqualified from city ordinances that cap rent increases at
10 percent? According to Portland city ordinance, chapter 6, section 6-234c: at no point can a
landlord raise rent more than 10 percent. The only exceptions to this rule are listed in section
6-231 and none of those exemptions apply to our unit. Even though the building was previously
owner occupied, it no longer is, therefore rent cannot be increased by more than 10 percent.
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Additionally, according to section 6-234d, notice of a rent increase needs to be sent "no fewer
than 90 days before the effective date of the rent increase." We are currently within those 90
days as a new lease should begin 70 days from today. This section also mandates that the
landlord be specific about how much the rent is being increased by, which we haven't been told
specifically yet.
I've attached the ordinance as well as each section that I mentioned.
We still have enjoyed having you as our landlords and would like to keep living in this
apartment, but it is important that all ordinances are being followed.
Thank you for your time,
Zoë and Hans
From: Zoë Kennedy
Date: Friday, Mar 27, 2026 at 2:16 PM
To: Brent Adler
Cc: Hans Goudey, Liv Chase
Hello again,
I’d appreciate a response to my earlier message. I’ve been in contact with the Portland Tenants
Union, who agree that it is against city ordinance to raise the rent by the amount you have
indicated. Let me know how you would like to proceed.
Zoë
From: Brent Adler
Date: Friday, Mar 27, 2026 at 2:19 PM
To: Zoë Kennedy
Cc: Hans Goudey, Liv Chase
Thank you for looking into this. Unfortunately due to rising taxes, expenses and purchase price
of the building we are left with no choice but to not renew your lease and choose one of the
exceptions to rent control as indicated by the city ordinance. Thank you. Let us know if you need
a reference happy to provide one.
Brent.
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Move out letter Hans and Zoë 4/30
Email Thread: Move Out Date
From: Zoë Kennedy
Date: Thursday, Apr 30, 2026 at 10:45 AM
To: Liv Chase, Brent Adler, Hans Goudey
Hi Liv and Brent,
Hans and I have made plans to move out of 11 Smith Street Apt. 3 by the end of our original
lease on May 31st. This makes May our last month in the apartment, therefore we will not be
paying rent due to the fact that we paid our last month's rent upon signing the lease two years
ago. I have cancelled my auto payment for the rent to avoid any confusion. I am not sure what
Sean's plan is, but I want to make clear that Hans and I are adhering to the dates and terms on
our lease.
Thank you,
Zoë
From: Brent Adler
Date: Thursday, Apr 30, 2026 at 11:01 AM
To: Zoë Kennedy
Cc: Liv Chase, Hans Goudey
Thanks for letting us know.
Brent
Brent Adler cell 207-880-3052
PO Box 15372
Portland, ME 04112
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90 day notice issued with letter.
Subject: Important Update Regarding Your Lease -
11 Smith Street Unit #1 Portland, ME
April 2, 2026
Dear Zoe, Hans, and Sean,
Let us start out by saying that we may have gotten off on the wrong foot, and we truly
hope to move forward on better terms. We have very much enjoyed having you as
tenants in the building over the last eight months since we took ownership.
When we purchased the property last July, units 1 and 2 had just been renovated, and it
has always been our long-term intention to renovate your unit as well. While the
previous owner signed a new year-long lease with you right before transferring
ownership—which we have honored—that lease is now coming to an end on May 31st.
We are writing to inform you that we will not be renewing the lease, as we need to begin
the planned renovations on your unit.
However, we realize that transitions can be tough and that moving is very stressful. To
help make this process easier for you, we would like to offer you an additional month to
stay, allowing you to remain in the unit until June 30th if you would like.
Please let us know if there is anything we can do to make your transition go more
smoothly. We wish you the best in your next home. We are happy to provide a positive
rental reference.
Sincerely,
Liv Chase and Brent Adler
PORTLAND, ME LEASE NONRENEWAL
90-Day Notice to Vacate
April 2, 2026
To: Zoe Kennedy, Hans Goudey, Sean McGuire
Rental Address:
11 Smith St. Apt. 3, Portland, ME 04101
YOU ARE HEREBY NOTIFIED THAT, under the terms of your tenancy for the rent and use of the
premises listed above now occupied by you:
YOUR TENANCY WILL NOT BE RENEWED AS OF JULY 1, 2026. You therefore must deliver
possession of the premises to me on such date. You are further notified that unless you vacate
the premises by such date, we will begin a forcible entry and detainer action against you. If a
forcible entry and detainer eviction court action is commenced against you, you have the right
to contest the termination and eviction in court. Please note that if you do find another place to
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rent prior to the completion of the 90-day notice, we will waive any requirement to provide
notice or complete your current lease term, and will work with you to vacate on a date of your
choice, without penalty, as long as that date is prior to July 1, 2026.
THIS NOTICE IS PROVIDED TO YOU IN ACCORDANCE WITH MAINE STATUTES 14 MRSA §6001
AND §6002. NOTHING IN THIS NOTICE IS INTENDED OR SHOULD BE CONSTRUED AS A WAIVER
BY THE LANDLORD OF ANY RIGHTS OR REMEDIES THE LANDLORD MAY HAVE UNDER STATE OR
FEDERAL LAW. Also attached is Form CV-256, Residential Forcible Entry & Detainer (Eviction)
Information Sheet & Mediation Request.
Brent Adler 4/2/2026
Signature Date
Landlord’s Contact Information:
Snowy Owl, LLC
livchase@yahoo.combrentadler@gmail.com
(207) 522-4345
(207) 880-3052
MAINE JUDICIAL BRANCH FORM CV-256
ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable
accommodation, contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk.
Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov
CV-256, Rev. 01/26 Page 1 of 2 www.courts.maine.gov
Residential Forcible Entry and Detainer
(Eviction) Information Sheet and
Mediation Request
RESIDENTIAL FORCIBLE ENTRY AND DETAINER (EVICTION)
INFORMATION SHEET AND MEDIATION REQUEST
You have been served with an eviction notice OR an eviction complaint and summons with your scheduled court date
and time. Here is some important information that may help you.
PLEASE NOTE: If you do not appear in court on the date your case is scheduled, you will likely have to move out of
your home.
HELP AND INFORMATION:
Legal Help – You might be able to get free help from an attorney:
• Pine Tree Legal Assistance (PTLA) is free for low-income tenants.
Hotline hours are Monday 12:00 – 2:30, Tuesday and Thursday 9:00 – 11:30. Call 207-774-8211.
• Legal Services for Maine Elders – is free for those 60 and older: Call 1-800-750-5353.
Information - Find out more!
• PTLA’s website provides information about the eviction process in Maine. Visit ptla.org/fed to learn more.
NOTICE TO QUIT OR NOTICE TO TERMINATE
The “notice to quit” or “notice to terminate” is generally the first step a landlord must take to start the eviction process
against you. The notice gives you a deadline to move out or correct the issue with your landlord. Once the deadline to
move out or correct the issue passes, your landlord may file an eviction case (called a “Forcible Entry and Detainer” case)
against you. You will be served with a complaint and summons that tells you when you must appear in court. It is
important to get legal help. If you can’t afford an attorney, you may call PTLA or Legal Services for the Elderly. Their
phone numbers are above. You may be eligible for free legal help.
COURT HEARING DATE
Go to Court: If you have been given a court summons, you must attend your court hearing on the date listed on
the summons. The summons says when to go to court for your hearing, and if the hearing will be by video or
phone, how to join. If the summons does not say that it is being held by video/phone, you are expected to appear
in person. If you do not attend your hearing, you may be evicted.
Mediation: You can ask for mediation. Mediation gives you the chance to settle your case without having a
hearing before a judge. You can ask for mediation before the hearing date by using the Request for Mediation
Form (see below). Complete the information and file it with the court where your case is pending. You can also
tell the judge that you would like mediation at the court. Alternatively, the judge might order your case to
mediation.
Hearing: If your case does not settle in mediation, the judge will hold a hearing to listen to both sides and decide
what will happen.MAINE JUDICIAL BRANCH
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ADA Notice: The Maine Judicial Branch complies with the Americans with Disabilities Act (ADA). If you need a reasonable
accommodation, contact the Court Access Coordinator, accessibility@courts.maine.gov, or a court clerk.
Language Services: For language assistance and interpreters, contact a court clerk or interpreters@courts.maine.gov
CV-256, Rev. 01/26 Page 2 of 2 www.courts.maine.gov
Residential Forcible Entry and Detainer
(Eviction) Information Sheet and
Mediation Request
Representation: If you do not have an attorney, some courthouses, but not all, will have volunteer attorneys
available to talk to you on the day of your hearing. Call the courthouse where your hearing is scheduled to see if
one of the volunteer attorneys will be available. The court’s phone number is listed on the summons you
received.
MEDIATION
What is mediation?
In mediation, a neutral person approved by the court tries to help the parties come to an agreement. This person is
called a mediator and is trained to help parties explore solutions without taking sides.
Options for agreement: Some of the options could include: a payment plan for back rent to keep a tenant in the home,
setting a move-out date, a plan for repairs, a reasonable accommodation for a disability, or another solution that the
tenant and landlord both agree to. Mediation is usually held in person but can be held remotely by video or phone.
Who will be there?
The mediator, you, your attorney if you have one, the landlord and the landlord’s attorney if they have one. Others
might also be present for support.
How to ask for mediation:
If you would like to mediate your case: 1) send or bring the Request for Mediation form below to the court; 2) write a
letter to the court; or 3) ask for mediation at court when you go on the hearing date.
Questions? Contact the court at the number listed on the summons.
REQUEST FOR MEDIATION
I would like mediation in my case.
I am (select one) the defendant (tenant) the plaintiff (landlord).
My Name is (please print):
My cell phone number is:
My email address is:
The name of the other party listed on the summons and complaint is:
To the best of my knowledge, the other party’s cell phone number is:
To the best of my knowledge, the other party’s email address is:
The address of rental property is:
Date (mm/dd/yyyy): ►
Signature
Personal information in this form will be used only for court purposes and will not be shared with the public.
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