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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Karantza v. Salamone, 435 A.2d 1384 (1981)

Citation
Karantza v. Salamone, 435 A.2d 1384 (1981)
Parent Document
Karantza v. Salamone, 435 A.2d 1384 (1981)
Jurisdiction
Maine (state)
Effective Date
1981-10-23

Full Text

674 chars
Were we to adopt such a rule there would appear to be no issue of fact remaining and summary judgment would be entered against the defendant as to liability for double restitution, costs, and attorney’s fees. We find unduly harsh a rule that would impose double damages and attorney’s fees on a landlord who retains any portion of a security deposit in good faith, and perhaps with the tenant’s consent, simply because he fails to explain the retention in writing and return the money within one week of notice of suit. A more reasonable construction, we think, would permit the landlord to seek to rebut the presumption of willfulness with objective evidence of good faith.