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So I sort of have a long story but want to keep it short. Basically, I moved down to Deer Isle a couple months ago excited at the prospect of a new place. I had a verbal (email) agreement with the owner of a house to rent his house for a 6-month agreement starting in July. The agreement involved first, last, and security deposit. I made sure the "landlord" knew I was a very responsible person and ensured him of my commitment - but also at the same time of my fluidity and how I am versatile (self-employed) and life can change and therefore, do not want a 1 year lease (got it cut to 6 months).
Over the course of the past month I have developed an orientation away from where I am and many issues have eroded my foundation - mentally, socially, and with my business. Not to get into details, but I have become very frustrated and restless and emotional un-rested. Opportunities have developed en masse somewhere else so after a week of thought I decided to put in my '30' day.
I was hoping my "landlord" would understand and I ensured him (after profuse apologies) that I would do all I can to make sure the place is filled before I leave. This is in accordance with my inner sense of obligation but also my concern with the security deposit ($750). I sent him an essay and a half and received back 4 sentences - basically saying I am on the hook to forfeit the deposit no matter what (i.e. even if the place is filled without a lapse in tenancy) and I am obligated to serve my last month (that I paid initially) unless he can fill it Sept. 15th (technically, my 30 day is 48 days or so as I am paid until Oct. 15th). On one hand I understand fully and expected to not get a deposit back but on the other hand I feel like he his nailing me to the wall and shaking me down. Is it right to feel that way?
Also, what are the Maine laws on this matter? Am I obligated to forfeit a security even if the place is filled? I find that to be very coarse of the owner to be so non-negotiable, even in the face of a loss of zero in that instance. Also, hypothetically if I were to leave Sept. 28th (a month from now, hence 30 day notice) am I on the hook to forfeit rent? I have never done first-last-deposit before. I have felt moving here was a mistake and this just reinforces that.
I am no expert on tenants' rights, landlords' rights, or termination laws regarding lease/rental agreements....It would seem to me the email agreement is your contract and you're stuck with it.....hindsight being 20/20 if you thought there was even a chance you might be going to leave before the six months were up, the details/conditions should have been in writing in the lease/rental agreement that if you gave 30 days' notice and found someone to move in, you would get your security deposit back...maybe you should consult an attorney who would draft a letter to your landlord.
I am no expert on tenants' rights, landlords' rights, or termination laws regarding lease/rental agreements....It would seem to me the email agreement is your contract and you're stuck with it.....hindsight being 20/20 if you thought there was even a chance you might be going to leave before the six months were up, the details/conditions should have been in writing in the lease/rental agreement that if you gave 30 days' notice and found someone to move in, you would get your security deposit back...maybe you should consult an attorney who would draft a letter to your landlord.
Thank you for the resources. I have read pretty much all of those.
I have assumed that I could get my deposit back if the place is filled and there is no damage. This is apparently true, as it seems Maine law is that to retain a deposit a landlord needs to have a written explanation of why. If the place is filled and no damage, he has no legitimate reason. My response to him was as such - I don't want to feel like I am conflicting with him but at the same time it seems he's not interested in considering my position while I am fully considering his.
Thank you for the resources. I have read pretty much all of those.
I have assumed that I could get my deposit back if the place is filled and there is no damage. This is apparently true, as it seems Maine law is that to retain a deposit a landlord needs to have a written explanation of why. If the place is filled and no damage, he has no legitimate reason. My response to him was as such - I don't want to feel like I am conflicting with him but at the same time it seems he's not interested in considering my position while I am fully considering his.
Landlords are often heavy handed up front, based on losses in the past, he may wrongly assume, or conclude he is going to lose income, and hits the panic button
If he has a tenant and no damage, I think you'll be fine
unfortunately he's probly been burnt in the past, and has an attitude
Landlords are often heavy handed up front, based on losses in the past, he may wrongly assume, or conclude he is going to lose income, and hits the panic button
If he has a tenant and no damage, I think you'll be fine
unfortunately he's probly been burnt in the past, and has an attitude
I know he has. Simultaneously (I left this out of the story), he has a second rental property adjacent. The tenants are a large family who have apparently not paid rent in a year (something like $8000 total). They are refusing to leave and the sheriff had to come to present them their eviction papers officially. They have also in the process destroyed the yard and the mobile home on the property (the septic overflowed when I first moved in and I could smell it occasionally).
I sympathize but obviously that's not my fault and I would have gone about that myself differently. I feel like he's trying to shake me out of some money because of that issue.
Needless to say, after doing some pavement pounding it seems to be there would be no legal justification to keep my deposit in the event I am replaced immediately and I have not damaged anything. Our "agreement" was 5 sentences via email - ambiguous, which of course is dangerous. Since there is no legal ability to retain a deposit for no reason, I would presume that the only event I would lose it is via damage compensation or rent compensation.
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