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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Lyle v. Mangar, 36 A.3d 867 (2011)

Citation
Lyle v. Mangar, 36 A.3d 867 (2011)
Parent Document
Lyle v. Mangar, 36 A.3d 867 (2011)
Jurisdiction
Maine (state)
Effective Date
2011-12-15

Full Text

733 chars
SAUFLEY, C.J.
[¶ 1] In this case, we are asked to interpret the statutes that govern security deposits on residential rental units, 14 M.R.S. §§ 6031-6039 (2010), for the purpose of answering two questions: (1) may a landlord proceed on a claim to recover unpaid rent without first returning a tenant’s security deposit or providing a timely written statement of the reasons for retaining it, see id. § 6033, and (2) does the failure to provide such a written statement render the landlord’s withholding of the deposit irrebuttably wrongful in every instance, thereby requiring the imposition of double damages, costs, and attorney fees, see id. § 6034. We answer the first question in the affirmative and the second in the negative.