Maine Complaint - Lessor Failure to Return Security Deposit
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FAQ
Landlords in Maine can collect the first month's rent in advance. However, landlords can only collect an additional advance payment up to the security deposit limit, whether called a ?security deposit? or ?last month's rent.? ?Last month's rent? is considered a security deposit by the law.
Reasons for which a landlord may retain the security deposit or a portion of the security deposit include, but are not limited to, covering the costs of storing and disposing of unclaimed property, nonpayment of rent and nonpayment of utility charges that the tenant was required to pay directly to the landlord.
A landlord must give you adequate notice before you are evicted or your rent is increased. The landlord cannot abuse your security deposits. Tenants always have a right to a court hearing before the landlord can evict them. Unfair rental contracts can be in violation of the Maine Unfair Trade Practices Act.
In other words, ordinary wear and tear is the natural and gradual deterioration of the home over time, which results from a Tenant's normal use of the property. For example, the carpeting in a property, or even the paint on the walls, wears out in the normal course of living.
If you are a tenant at will (no lease): Your landlord must give you either a 30-day or 7-day written notice to leave, or they can combine both of these into one notice. Any notice must advise you of your right to contest the eviction in court. This is called a "Notice to Quit."
In the case of a tenancy at will, within 21 days after the termination of the tenancy or the surrender and acceptance of the premises, whichever occurs later.
If you have given your landlord your new address, in writing, and your landlord does not return the difference between your deposit and actual damage within 30 days, then you can sue in court to recover double the difference between the security deposit and the amount of damage you actually caused.
Normal wear and tear. "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 or chattels by the tenant or members of the tenant's household or their invitees or guests.
