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Updated 3 months ago on . Most recent reply

User Stats

30
Posts
13
Votes
Tim Callahan
  • Flipper/Rehabber
  • Dayton, ME
13
Votes |
30
Posts

In Maine, can I use a tenant's security deposit to cover legal fees for an eviction?

Tim Callahan
  • Flipper/Rehabber
  • Dayton, ME
Posted

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?

  • Tim Callahan
  • Most Popular Reply

    User Stats

    319
    Posts
    221
    Votes
    Carl Millsap
    • Investor
    • Midwest
    221
    Votes |
    319
    Posts
    Carl Millsap
    • Investor
    • Midwest
    Replied

    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.  

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