Maine Revised Statutes Title 14 Sec. 6034 – Wrongful retention; damages
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1. Notice to landlord of intention to bring suit; presumption on failure to return deposit. If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033, the tenant shall give notice to the landlord of the tenant’s 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 security deposit.
[PL 1995, c. 52, §2 (AMD).]
Terms Used In Maine Revised Statutes Title 14 Sec. 6034
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Security deposit: means any advance or deposit, regardless of its denomination, of money, the primary function of which is to secure the performance of a lease or tenancy at will agreement for residential premises or any part thereof. See Maine Revised Statutes Title 14 Sec. 6031
2. Double damages for wrongful retention. The wrongful retention of a security deposit in violation of this chapter renders a landlord liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney’s fees and court costs.
[PL 1995, c. 52, §2 (AMD).]
3. Burden of proof. In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord’s withholding of the security deposit, or any portion of it, was not wrongful.
[PL 1995, c. 52, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 359 (NEW). PL 1995, c. 52, §2 (AMD).