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
Original Source: https://www.courtlistener.com/opinion/5144930/lyle-v-mangar/ ↗

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[¶ 21] Here, the undisputed evidence demonstrated that the Lyles had lived in the rental house for several months without paying rent. Pursuant to the rental agreement, Mangar was legally entitled to the rental payments. Cf. 14 M.R.S. § 6033(2) (recognizing that a landlord may legtimately notify a tenant that the landlord is withholding a security deposit for nonpayment of rent). Thus, the District Court did not err in finding and concluding that, notwithstanding Mangar’s failure to provide the required written statement, she met her burden of proof in rebutting the presumption of wrongful withholding by demonstrating a good-faith belief that she was entitled to retain the security deposit to cover unpaid rent. See Karantza, 435 A.2d at 1386; 14 M.R.S. § 6034(3). Accordingly, the District Court did not err in refusing to impose double damages, attorney fees, and costs pursuant to 14 M.R.S. § 6034(2). C. Resulting Judgments

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