| What is This Information For? |
We have written this to tell you about your rights and to explain how to get your
security deposit back from you landlord. If you have more questions,
contact
Pine Tree Legal Assistance.
| Does My Landlord Have To Return My
Security Deposit To Me? |
If you owe back rent or you have damaged your apartment, your landlord may
deduct those costs from your security deposit. She can also deduct for storing
or disposing of your unclaimed property. If you owe your landlord more than
the amount of your security deposit, he may sue you in court. On the
other hand, if you owe him less, he must return all or part of your security
deposit.
| Can My Landlord Keep My Security Deposit
For Any Type of Damage? |
No. Your landlord cannot keep your security deposit for "normal wear
and tear". Examples of "normal wear and tear" are a worn
carpet, chipped paint, worn finish on a wood
floor, and faded or dingy paint.
The landlord can deduct the cost of fixing damages which are beyond
"normal wear and tear". Examples of these damages are kid's crayon
art on the walls, broken windows, holes in the walls, or leaving trash or other
items that have to be thrown away. If you made the apartment so dirty that it is
unhealthy or unsafe, the landlord can deduct for the cost of making it habitable again.
If your apartment is damaged by a storm, a fire or a vandal, tell your
landlord right away. He cannot charge you for the repairs if you or your
guests did not cause the damage. It is also a good idea to make a police
report.
| What Kind Of Notice Do I Have To Give If
I Am Moving? |
If you are a tenant at will (no written lease), you must give your landlord
a 30-day written notice. The notice period should end on a rent day. You and
your landlord can agree to a shorter notice period, if you agree in writing.
If you have a lease, read it to see what kind of notice you must give.
If you do not give the right notice, your landlord may try to charge you
for time after you move. If you have a lease, she may try to charge you rent
for the rest of the lease term. Again, this will depend on what the lease
says.
Your landlord must try to re-rent your apartment as soon as she knows you
have moved out. If she re-rents your apartment right away, she can only charge
you for the time you were there and the time it took her to find a new tenant.
For example, your rent is $500 a month and you moved out on the 10th day of
the month. Your landlord re-rents the apartment on the 15th of the month. You
owe $250, or half a month's rent. Your landlord may charge you reasonable
expenses for re-renting the apartment if you did not give the right notice.
| When Should I Get My Security Deposit Back? |
Your landlord must either return all of your security deposit or send you a
letter telling you why he is not giving some or all of it back. He must send
this letter to your "last known address". Give your landlord your
new address or make sure your mail is being forwarded so that you will get the
letter.
If you are a tenant at will (no written lease), your landlord must give
back the deposit or send you the letter within 21 days after you move out and
return the key. If you have a lease, check to see what it says. If there is
nothing in the lease about this, or if the lease gives more than 30 days, then
your landlord has 30 days to return the deposit or send the letter. This is
the legal limit.
| What If My Landlord Doesn't Send A Refund or a Letter? |
If, after the 21 or 30 days, the landlord has not sent you a letter or
refund, you need to follow certain steps to protect your rights. The steps you
should follow are:
Step 1. Fill out the Request for
Return of Security Deposit form.
Note: We have attached this as a PDF
document. If
you cannot get this document, call us and we will mail you a form.
Step 2. Send the form to your former
landlord. Use Certified Mail; Return Receipt Requested.
Step 3. Keep a photo-copy of the form
for yourself.
Step 4. Hold on to the Return Receipt
when it comes back in the mail.
Step 5. Wait 7 days (from the date he
receives it) for your landlord to respond to the notice.
NOTE: If your landlord did not sign for the first mailing,
send another copy by regular mail and wait 10 days (3 days for
delivery plus the 7 day notice period).
| What If My Landlord Still Won't Return My Deposit? |
If your landlord doesn't refund the deposit after the seven day notice is
over you can:
- Sue your landlord yourself in Small
Claims Court. (See Small Claims section below.)
or
- Try to get a private attorney to take
your case on "contingency." Contingency means that the
lawyer will only get paid if you win your case. Also, the judge
can order your landlord to pay for your attorney fees where the
landlord kept your deposit "wrongfully."
| How Do I Sue In Small Claims Court? |
Your local Maine District Court has all of the forms you will need to start
a Small Claims action against your landlord. They also have an easy to read
booklet on Small Claims Court. Just ask the Court Clerk for the forms and the
booklet.
Click here to view on-line version of the booklet.
Small Claims Court is for ordinary people. If you cannot pay the
filing fee, tell the clerk you want to file an "Application to Proceed
Without Payment of Fees" and an "Indigency Affidavit." The
clerk will give you forms to fill out. These ask for financial information, to
show that you cannot afford the filing fee.
Ask the court to award you double the amount of your security
deposit. The Court may award you double the amount if it finds that your
landlord acted "wrongfully" by not returning your security deposit
after you sent him the Request for Return of Security Deposit Form. Also ask
for your court costs.
| What If My Landlord Sends Me A Letter,
But Takes Too Much Out of My Security Deposit? |
If your landlord sends you a letter on time that tells you that he is
keeping some or all of your security deposit, but you think that amount is too
high, you can still sue the landlord in small claims court. However, you may
not get double damages.
| If I Sue My Landlord, Can My Landlord Sue Me? |
Keep in mind before you sue that if you owe your landlord money, he will
probably bring these claims against you to counter your claim for return of
the deposit. So, if you owe him more than he owes you, suing in court may not
be a good idea. On the other hand, if the landlord sues you, you can
"counterclaim" for return of your deposit and for any other money he
owes you.
Important Note:
The Maine statute that sets out these rules does not apply if you rent in a building with 5 or
fewer units and the landlord lives there. You still have similar rights to get your security
deposit back. And you can sue in small claims court for return of your deposit. But the court is not
required to order your landlord to return twice the deposit amount plus payment of your lawyer fees.
Instead, the court would order whatever it thought was fair, based on your agreement with your landlord.
Where Can I Find More
Information?
Read Text
of the Maine Statute: "Security Deposits on Residential Rental
Units."
Contact Pine Tree
Legal Assistance.
