Legal Question in Landlord & Tenant Law in Maine
rental agreement v. state law
My landlord has kept my security deposit based on damages that were there when I moved in (he was the previous tenant and knows I didn't cause the damage).Unfortunately, I neglected to take pictures of the apartment prior to moving in that would prove I didn't cause the damage.My rental agreement stated that he had 30 days to return my deposit or send a letter stating the reasons for withholding part/all of the deposit, which I of course signed.I surrendered the apt. on 10/31 and his letter is postmarked 11/30.ME state statute says that he has 21 days to send the letter or the deposit b/c I was an ''at-will'' tenant or he forfeits any right to keep the deposit, as far as I understand (Title 14, Chapter 710-A, 6033).I would like to take him to small claims court to get the deposit back but am not sure whether me signing the rental agreement overrides the state law.Please help!
1 Answer from Attorneys
Re: rental agreement v. state law
Cannot advise without seeing the rental agreement. If you have one, you are NOT a Tenant at Will.
This would be billable. I have been a LL for 25 years.
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