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Updated 3 months ago on . Most recent reply
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In Maine, can I use a tenant's security deposit to cover legal fees for an eviction?
I have a tenant in Maine who refused to leave after her lease expired, and multiple notices were given saying she needed to leave after it expired. I hired a lawyer to handle it, and she was given proper notice. She is in the process of moving out. Can I use her security deposit to cover these legal fees I've incurred due to her not moving out?
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Tim Callahan...I'm not a lawyer but.....
1. Does your lease state the tenant is responsible for any fees you incur to include legal fees? If not I'd update the lease for future tenants.
2. I found this articlehttps://www.hemlane.com/resources/maine-security-deposit-law...
3. Wait until she moves, do a thorough walk through. Get estimates for all repairs that are above fair wear and tear in advance. Video and/or take pictures of everything in case you have to pursue her in small claims.