A landlord may bring a forcible entry and detainer (FED) action in District Court to recover possession of a dwelling unit. No writ of possession may issue when the tenant proves that the FED action was commenced in retaliation for: (A) the tenant asserting rights under Β§6021 or Β§6030-D; (B) the tenant participating in or organizing a tenant organization; (C) the tenant complaining to a government agency about a housing code violation; (D) the tenant being a victim of domestic violence, sexual assault, or stalking prior to being served with an eviction notice; (E) the tenant reporting or filing a complaint about sexual harassment by the landlord or agent. There is a rebuttable presumption of retaliation if a landlord files a FED action within 6 months of the tenant asserting any such right. The presumption does not apply when the FED action is for failure to pay rent or for causing substantial damage to the premises, or if the tenant asserted rights after being served with the eviction notice. A tenant may also raise as an affirmative defense the landlord's failure to provide a reasonable accommodation under Title 5, chapter 337 or the federal Fair Housing Act.
A tenancy at will may be terminated by either party by giving 30 days' written notice to the other party. A tenancy may be terminated upon 7 days' written notice in the event that: (A) the tenant, tenant's family, or invitee caused substantial damage to the demised premises that has not been repaired; (B) the tenant, family member, or invitee caused or permitted a nuisance or used the premises for an illegal purpose including drug-related activity; (C) the tenant materially violated a provision of the rental agreement. A 30-day notice and a 7-day notice may be combined in one notice to the tenant. A termination based on a 30-day notice is not affected by the receipt of money, whether previously owed or for current use and occupation, until the date a writ of possession is issued. A victim of domestic violence, sexual assault, or stalking may terminate a lease with a term of one year or more by providing 30 days' written notice with supporting documentation.
If a tenant unjustifiably vacates the premises prior to the effective termination date and defaults in payment of rent, the landlord has a duty to make reasonable efforts to re-rent the premises at a fair rental. The landlord must allege and prove that efforts to comply with this section were made. The tenant has the burden of proving that the landlord's efforts were not reasonable. Acts that do not constitute a waiver of the landlord's right to claim rent include: (A) entry to inspect, protect, or show the premises; (B) re-renting in an attempt to mitigate; (C) use of the premises by the landlord until re-renting is practical (not to exceed one year) with prompt written notice to the tenant and a credit of the reasonable use value.
When a tenant vacates and leaves personal property behind, the landlord must store the property for a reasonable period. The landlord must send written notice to the tenant's last known address informing the tenant of the property and the landlord's intention to dispose of it. If the tenant makes an oral or written claim within 7 days of the notice being sent, the landlord may not condition release upon payment of rental arrearages, damages, or storage costs, as long as the tenant retrieves the property by the 14th day after notice. After 14 days without a claim, the landlord may sell, donate, or dispose of the property. The landlord must store the property for at least 14 days after the notice is sent.
A landlord must provide written notice to a tenant before increasing rent. For any rent increase, the landlord must provide at least 45 days' written notice prior to the effective date of the increase. If the proposed rent increase is 10% or more above the rent charged at any point during the prior 12-month period, the landlord must provide at least 75 days' written notice. These notice requirements apply statewide and cannot be waived by lease. Portland and South Portland have additional local rent stabilization ordinances with further restrictions on rent increases.
In any written or oral agreement for rental of a dwelling unit, the landlord shall be deemed to covenant and warrant that the dwelling unit is fit for human habitation. A tenant may file a complaint in District Court or Superior Court if: (A) a condition endangers or materially impairs the health or safety of the tenants; (B) the condition was not caused by the tenant; (C) written notice was given to the landlord without unreasonable delay; (D) the landlord unreasonably failed to take prompt, effective steps to repair or remedy the condition; and (E) the tenant was current in rent payments when notice was given. If the court finds a breach, it may: (1) issue injunctions ordering repairs; (2) determine the fair value of use and occupancy during the breach period and declare rent rebates or amounts owed; (3) authorize the tenant to temporarily vacate during necessary repairs. Heating requirements: it is a breach when the landlord must provide heat but fails to maintain at least 68Β°F at 3 feet from exterior walls and 5 feet above floor level at an outside temperature of -20Β°F, or fails to protect building systems from freezing. Any waiver of habitability rights (other than a written agreement for specified conditions in exchange for a stated rent reduction) is void.
Landlord duties: (A) Upon written or oral notice from a tenant of a possible bedbug infestation, the landlord must within 5 days conduct an inspection; (B) Upon confirmation of infestation, the landlord must within 10 days contact a licensed pest control agent; (C) The landlord must employ a pest control agent with current liability insurance to promptly treat the infestation; (D) Before renting a unit, the landlord must disclose if any adjacent unit is currently infested or being treated; (E) Upon tenant request, the landlord must disclose the last date the unit or adjacent units were inspected and found free; (F) A landlord may not offer for rent a unit known or suspected to be infested; (G) The landlord must offer reasonable assistance to tenants unable to comply with preparation requirements, with a repayment schedule not to exceed 6 months. Tenant duties: promptly notify the landlord of suspected infestation; grant access for inspection upon 24-hour notice; comply with reasonable pest control measures. Failure to comply makes the tenant financially responsible for all subsequent treatments. Penalties: landlord non-compliance is treated as a failure to address a condition endangering health under Β§6021; landlord is liable for $250 or actual damages, whichever is greater, plus attorney's fees.
A landlord or agent must provide a written receipt for each rental payment and each security deposit payment received partially or fully in cash. The receipt must be delivered at the time of payment and include: the date of payment; the amount paid; the name of the party for whom the payment is made; the period for which payment is being made; a statement indicating whether the payment is for rent or security deposit; the signature of the person receiving payment; and the printed name of that person. If rent and security deposit are received at the same time, a separate receipt must be issued for each. Exemption: does not apply to tenancies in owner-occupied buildings of 5 or fewer units.
Upon entering a lease or tenancy at will agreement, a landlord, landlord's agent, or real estate broker may not require a tenant to pay an initial amount of money in excess of the total of: (1) the rent for the first full month of occupancy; (2) a security deposit as limited by Β§6032 (maximum 2 months' rent); and (3) any mandatory recurring fee as defined in Β§6000(1-A) that is properly disclosed under Β§6030-J. This section was added by PL 2023, c. 594, effective for agreements entered on or after the effective date.
Any person authorized to enter into a residential lease or tenancy at will agreement on behalf of the owner or owners of the premises is deemed to be the owner's agent for purposes of service of process and for receiving and receipting for notices and demands.
A landlord may not enter into a lease or tenancy at will agreement for a dwelling unit in a multiunit residential building where the expense of furnishing heat, electricity, or any other utility to common areas or other areas not within the unit is the sole responsibility of the tenant in that unit, unless both parties agree in writing that the tenant will pay for such costs in return for a stated reduction in rent or other specified fair consideration that approximates the actual cost. Common areas include hallways, stairwells, basements, attics, storage areas, fuel furnaces, and water heaters used in common. Any oral or written waiver of this requirement (outside the written agreement exception) is void. Violation: landlord is liable for actual damages or $250, whichever is greater, plus reasonable attorney's fees and costs. There is a rebuttable presumption that the landlord is aware the tenant has been furnishing heat or utility service to common areas.
If a landlord fails to pay for utility service that is in the landlord's name: (1) the tenant may pay the utility service bill and deduct the amount paid from rent due to the landlord, pursuant to Title 35-A, Β§706; (2) upon a court finding of landlord failure to pay, the court shall award the tenant actual damages or $100, whichever is greater, plus aggregate costs and expenses reasonably incurred, and may award reasonable attorney's fees. There is a rebuttable presumption that the landlord knowingly failed to pay. If the landlord rebuts the presumption, liability is limited to actual damages only.
Tenant obligations: A tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or show the unit to prospective purchasers, mortgagees, tenants, workers, or contractors. A tenant may not change the lock without notifying the landlord and providing a duplicate key within 48 hours of the change. A domestic violence victim may change locks at their own expense and must provide a duplicate key within 72 hours. Landlord obligations: Except in emergencies or where impracticable, the landlord must give the tenant reasonable notice of intent to enter and may enter only at reasonable times. Twenty-four hours is presumed to be reasonable notice. Emergency entry is permitted without advance notice, including when the welfare of an animal in the unit is at risk. Remedies: if a landlord enters in violation, enters in an unreasonable manner, or makes repeated demands for entry that constitute harassment, the tenant may recover actual damages or $100, whichever is greater, obtain injunctive relief, and if the tenant prevails after a contested hearing, recover reasonable attorney's fees. If a tenant changes the lock and refuses to provide a key, the landlord may terminate with a 7-day notice. Any agreement by a tenant to waive Β§6025 rights is void.
A landlord may require a tenant to provide information about any animal present in a rental unit, including the name and contact information of one or more persons the tenant authorizes to enter the rental unit to retrieve the animal if the tenant has vacated, abandoned the animal, or is unable to care for the animal due to death or disability. The landlord may also require, as a condition of tenancy, that the tenant allow the landlord to enter in an emergency when the welfare of the animal is at risk. If the landlord determines the tenant has vacated or cannot care for the animal, the landlord may contact the authorized person, a humane agent, an animal control officer, or an animal shelter. If the landlord contacts such a person and within 5 days mails notice to the tenant's last known address with the name, phone number, and address of the person taking custody, the landlord is not liable in a civil action arising from an occurrence involving the animal.
A landlord who rents premises for human habitation may not maintain or permit any condition that endangers or materially impairs the health or safety of the tenants. If the landlord fails to comply and the reasonable cost of compliance is less than $500 OR an amount equal to one-half of the monthly rent, whichever is greater, the tenant may: (1) notify the landlord in writing by certified mail, return receipt requested, of the intention to repair at the landlord's expense; (2) if the landlord fails to comply within 14 days (or promptly in an emergency), the tenant may have the work done with due professional care using same-quality materials; (3) electrical, oil burner, or plumbing work must be performed by a licensed professional; (4) the tenant may deduct the actual and reasonable cost from rent after submitting an itemized statement to the landlord. Limitations: does not apply if the condition was caused by the tenant, tenant's guest, or invitee; does not apply where the landlord is unreasonably denied access; does not apply where extreme weather prevents the repair; tenant may not be reimbursed for their own labor or family labor; does not apply to owner-occupied buildings of 5 or fewer units. During foreclosure, the cost cap is lifted to 2 months' rent. Rights under this section are supplemental to Β§6021 rights.
Municipal officers may provide for basic necessities (maintenance, repairs, heat, utilities) to ensure continued habitability of leased premises when: (1) the premises present an imminent threat to continued habitability; and (2) the municipality documents a good faith attempt to contact the landlord regarding the threat, the municipality's intention to act, and the ability of the landlord to avert municipal action by a deadline. If the landlord cannot be contacted or fails to act by the deadline, the municipality may provide for basic necessities. The municipality has a lien against the landlord for all costs incurred plus administrative expenses. The lien must be filed with the county register of deeds within 30 days, with 10-day advance certified mail notice to the owner and mortgage holders. Interest at a rate not exceeding the Treasurer of State's maximum allowed rate accrues from the date of filing.
A landlord may assess a penalty against a residential tenant for late payment of rent only as follows: (1) Grace period: a payment of rent is not late until it is not made within 15 days from the time the payment is due; (2) Maximum penalty: a landlord may not assess a penalty for late payment of rent which exceeds 4% of the amount due for one month; (3) Notice requirement: a landlord may not assess a late fee unless the landlord gave the tenant written notice at the time of entering the rental agreement that a penalty of up to 4% of one month's rent may be charged for late payment.
It is an unfair and deceptive trade practice under Title 5, Β§207 for a landlord to require a tenant to enter into a lease or tenancy at will agreement containing a provision that waives a tenant right established in Chapters 709, 710, or 710-A. The following lease provisions are specifically unenforceable: (A) any provision absolving the landlord from liability for the landlord's or agent's negligence; (B) any provision requiring the tenant to pay the landlord's legal fees in enforcing the lease (exception: mutual attorney fee provisions in contested hearings for wanton disregard are valid); (C) any provision requiring the tenant to give a lien on the tenant's property for rent or sums owed; (D) any provision requiring the tenant to acknowledge the lease or its rules are fair and reasonable; (E) any provision requiring a fee or penalty for discontinuing tenancy, except to recover reasonable re-letting costs after a notice breach, to collect unpaid rent, or to recover repair costs; (F) any provision requiring payment of an optional recurring fee in violation of Β§6030-I or a mandatory recurring fee in violation of Β§6030-J. A lease is unenforceable if the landlord does not receive a signed total price disclosure under Β§6030-J.
A landlord may file a petition against a tenant, a guest or invitee of a tenant, or the owner of a dangerous pet for the protection of rental property or tenants when the landlord, the landlord's employee or agent, the landlord's rental property, or other tenants have experienced harm or been threatened with harm. The landlord may file in the landlord's own name or, with written authority from a tenant, on behalf of an aggrieved tenant. Actions are governed by the procedural provisions of Title 5, chapter 337-A. A temporary order may be sought if the landlord's rental property is in immediate and present danger of substantial damage, and additional injunctive relief may be granted enjoining the defendant from damaging property or disturbing the peace of any person associated with the property.
For buildings built before 1978, a landlord who undertakes repair, renovation, or remodeling that may disturb lead-based paint must: (A) post a sign on the building's exterior entry doors at least 30 days before the activity; and (B) send notice by certified mail to every unit in the building at least 30 days in advance. The 30-day notice may be waived if the landlord obtains a written waiver from one adult tenant per unit β the waiver must be in plain language, 12-point boldface type, and comply with the statutory notice form. Emergency repairs are exempt from the 30-day notice. Violation: civil violation with a fine of up to $500 per violation. This section does not limit tenant rights under Β§6026 or Title 22, chapter 252.
A landlord entering a lease or tenancy at will for residential property used as a primary residence must provide to potential tenants who pay for an energy supply a residential energy efficiency disclosure statement in accordance with Title 35-A, Β§10117(1), including information about the energy efficiency of the property. Alternatively, the landlord may include in the application the names of each prior energy supplier, if known, with the statement: 'You have the right to obtain a 12-month history of energy consumption and the cost of that consumption from the energy supplier.' The landlord must obtain the tenant's signed acknowledgment before the tenant enters into a contract or pays a deposit. The landlord must retain the signed statement for a minimum of 3 years. Beginning January 1, 2030, a tenant who does not receive a signed energy efficiency disclosure may terminate the lease with 30 days' written notice, and the landlord may not retain any security deposit for such a termination.
A landlord must have the air of a residential building tested for radon: (1) by March 1, 2014, and every 10 years thereafter when requested by a tenant (unless a mitigation system is installed); (2) within 12 months of first occupancy for buildings constructed after March 1, 2014. The landlord must provide written radon disclosure to existing tenants within 30 days of receiving test results, and to new tenants before lease signing or deposit payment. The disclosure must include: the date and results of the most recent test; whether mitigation has been performed; notice of the tenant's right to conduct their own test; and the health risk associated with radon. Action level: 4.0 picocuries per liter (pCi/L). If a test reveals 4.0 pCi/L or above, either the landlord or the tenant may terminate the lease or tenancy at will with a minimum of 30 days' notice, and the landlord may not retain the security deposit for such termination. Penalty for violation: civil fine of up to $250 per violation; falsifying test results is a breach of the implied warranty of habitability under Β§6021. Short-term rentals of 100 days or less with no renewal option are exempt.
A landlord entering a lease or tenancy at will for a primary residence must provide the tenant a written smoking policy disclosure before the tenant enters into a contract or pays a deposit. The disclosure must state whether smoking is: (A) prohibited on the entire premises; (B) allowed on the entire premises; or (C) allowed in limited, identified areas only. The policy may be disclosed in the lease agreement or in a separate written notice. The landlord must obtain a written acknowledgment of the smoking policy from the tenant before the lease is signed or deposit is paid. A tenant may not bring a private cause of action against a landlord solely because the landlord failed to provide the smoking policy disclosure, nor may a tenant use another tenant's violation of the smoking policy as the basis of a private cause of action against the landlord.
A rental agreement for a subsidized apartment (defined as a unit receiving HUD Section 8 housing assistance payments or USDA multifamily rental assistance) may not contain a provision or impose a rule requiring a tenant, as a condition of tenancy, to agree to a prohibition or restriction on the lawful ownership, use, or possession of a firearm, firearm component, or ammunition within the tenant's specific rental unit. Landlords may impose reasonable restrictions related to possession, use, or transport of firearms in common areas as long as those restrictions do not circumvent the purpose of this subsection. Tenant must exercise reasonable care in storage of firearms. If a landlord brings an action to enforce a prohibited provision, the tenant or household member may recover actual damages and reasonable attorney's fees. Except for willful, reckless, or gross negligence, a landlord is not liable in a civil action for occurrences involving a firearm the landlord is required to allow on the property. Exception: does not apply to prohibitions or restrictions required by federal or state law.
The owner, lessor, sublessor, managing agent, or other person having the right to sell, rent, lease, or manage a dwelling unit (or any of their agents) is not liable in a civil action for personal injury, death, property damage, or other damages resulting from or arising out of an occurrence involving an assistance animal at the dwelling unit. Exceptions: immunity does not apply in cases of gross negligence, recklessness, or intentional misconduct; or when the assistance animal is owned by or in the care of the owner or managing agent.
Except as provided in this section, a landlord may not require an applicant to pay a fee to submit an application for rental of a dwelling unit or to have the landlord review or approve an application. Exception: a landlord may require an applicant to pay the actual cost of only one of the following: (A) a background check; (B) a credit check; or (C) a screening process other than those in (A) or (B). The landlord must provide the applicant with a complete copy of the information obtained. The landlord may not charge the application fee unless the applicant has been notified that the landlord is required by law to provide a complete copy of the information. A landlord may not charge more than one fee for a background check, credit check, or other screening process in any 12-month period.
An optional recurring fee is an amount paid for an added service or property feature not essential to meeting basic health or safety requirements for habitability under Β§6021. It does not include fees for coin-operated laundry or other intermittent fees. It does not include late fees, repair costs, utility service costs, or penalties issued to reimburse the landlord for reasonable costs. A landlord may impose an optional recurring fee only if: (1) the landlord provides written notice, before implementing the fee, that the tenant may opt in to using the service or feature; and (2) the tenant may cease paying the optional recurring fee at any time without penalty. A landlord may not deny or terminate a lease or tenancy at will because a tenant chose to opt out of those services or features.
Prior to entering a lease or tenancy at will, a landlord must provide a potential tenant written disclosure of all costs the tenant will be responsible for, including: (A) total cost of rent; (B) all mandatory recurring fees; (C) all optional recurring fees; (D) utility service costs; and (E) any other cost the tenant will be responsible for under the agreement. The disclosure must be plain and readily understandable by the general public. If a landlord cannot obtain utility service costs, the landlord may provide a completed residential energy efficiency disclosure under Title 35-A, Β§10117(1). The disclosure must be signed by both parties, with a copy provided to each. A lease or tenancy at will is unenforceable if the landlord does not receive a signed copy of the total price disclosure. Exception: disclosure is not required if the tenant is not responsible for any mandatory or optional recurring fees.
By December 1, 2025, the Attorney General shall create and post on the Attorney General's publicly accessible website a model lease for residential property that complies with current law, including any required disclosures and documents. The Attorney General shall update the model lease biennially and post the revised model lease no later than December 1st of every odd-numbered year. The Attorney General shall implement this section within existing resources.
As used in Chapter 710-A (Security Deposits on Residential Rental Units): 'Normal wear and tear' means the deterioration that occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment by the tenant, household members, or their invitees or guests. It does not include sums expended in removing articles abandoned by the tenant. If the unit was leased in habitable condition or put in habitable condition during the tenancy, normal wear and tear does not include sums required to return the unit to habitable condition, including cleaning costs, unless necessitated by the landlord's actions, events beyond the tenant's control, or actions of third parties. 'Security deposit' means any advance or deposit of money, regardless of denomination, whose primary function is to secure performance of a lease or tenancy at will agreement for residential premises. 'Surety bond' means a bond purchased by a tenant in lieu of a security deposit when the function of the bond is to secure performance of a residential rental agreement.
A lease or tenancy at will agreement for a dwelling intended for human habitation may not require a security deposit equivalent to more than the rent for 2 months.
A security deposit or any portion may not be retained for normal wear and tear. Return deadlines: (A) under a written rental agreement, within the time stated in the agreement, not to exceed 30 days; (B) for a tenancy at will, within 21 days after termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later. If any portion is retained, the landlord must provide the tenant with a written statement itemizing the reasons for retention, accompanied by payment of the balance. Allowable retention reasons include: unpaid rent, costs of storing and disposing of unclaimed property, nonpayment of utility charges the tenant was required to pay directly to the landlord, and damages beyond normal wear and tear. The landlord is deemed to have complied by mailing the statement and payment to the tenant's last known address. Penalty: if the landlord fails to return the deposit or provide a written statement within the required time, the landlord forfeits the right to withhold any portion of the security deposit.
If the landlord fails to return the security deposit and provide the itemized statement within the time periods in Β§6033, the tenant must give notice to the landlord of intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the deposit. Damages for wrongful retention: the landlord is liable for double the amount of the portion wrongfully withheld, together with reasonable attorney's fees and court costs. Burden of proof: in any court action, the landlord has the burden of proving that the withholding was not wrongful.
Upon termination of a landlord's interest in the dwelling unit (by sale, assignment, death, appointment of receiver, or otherwise), the person in possession of a security deposit must, upon transfer of the interest: (A) provide the successor in interest an accounting of each security deposit held, transfer the funds or any remainder after lawful deductions to the successor, and mail each tenant notice of the transfer, the transferee's name and address, and a copy of the accounting; OR (B) return the funds to the tenant. If the interest is terminated by sale, the accounting and transfer must occur no later than at the real estate closing; written proof of the accounting and transfer must be provided to the successor in interest at closing. Upon compliance, the transferring person is relieved of further liability, and the transferee assumes all rights and obligations of a landlord holding the security deposit.
Any provision, whether oral or written, in or pertaining to a lease or tenancy at will agreement whereby any provision of Chapter 710-A (Security Deposits) for the benefit of a tenant or members of the tenant's household is waived is against public policy and is void.
Chapter 710-A (Security Deposits) does not apply to: (1) security deposits held by a landlord who is the mortgagor under a federally guaranteed mortgage, to the extent the chapter conflicts with the mortgage terms; (2) any tenancy for a dwelling unit which is part of a structure containing no more than 5 dwelling units, one of which is occupied by the landlord.
During the term of a tenancy, a security deposit may not be commingled with the assets of the landlord or any other entity or person. All security deposits received after October 1, 1979 must be held in an account at a bank or other financial institution under terms that place the deposit: (1) beyond the claim of creditors of the landlord; (2) beyond the claim of any other entity or person, including a foreclosing mortgagee or trustee in bankruptcy; and (3) structured to provide for transfer to a subsequent owner or return to the tenant per Β§6035. Upon the transfer of the dwelling unit, the new owner assumes all responsibility for maintaining and returning all security deposits. Upon request, a landlord must disclose the name and account number of the institution holding the deposit. A landlord may use a single escrow account for multiple tenants or multiple buildings under common ownership. Remedies for violation: actual damages, $500, or the equivalent of one month's rent β whichever is greatest β plus costs and attorney's fees.
A residential landlord may offer (but not require) a tenant to purchase a surety bond in lieu of some or all of a security deposit. Key rules: (1) Limit: the surety bond alone or combined with a cash deposit may not exceed 2 months' rent; excess triggers a wrongful assessment action with recovery of up to 3 times the excess plus attorney's fees; (2) The bond premium is nonrefundable except if the landlord refuses the bond or the tenant does not enter a rental agreement; (3) Landlord must give 10-day advance written notice before making a claim against the surety bond; (4) Tenant may dispute the claim in writing within 10 days of receiving the notice; if disputed, the surety may not report the claim to a credit agency before obtaining a judgment; (5) Tenant retains all rights and defenses in any surety action that would be available in a landlord-tenant dispute; (6) Surety can only claim for: unpaid rent, breach damages, damages beyond normal wear and tear, utility charges, and storage/disposal costs; (7) If the landlord sells the property, the new landlord must accept the existing surety bond and may not require an additional deposit during the current term; (8) Only admitted carriers licensed by the Maine Bureau of Insurance may issue surety bonds under this section; (9) The word 'NONREFUNDABLE' must appear in 16-point boldface type on the disclosure and immediately above the tenant's signature line.
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