State Specific Question About: MAINE (ME)

My departing tenant under a tenant at will status paid a full month's rent for September, but vacated Sept. 26. I orally agreed to pay him $144 credit for four days rent. He is now refusing to accept my $55 charge against his security deposit for some cleaning which he did not do, saying that all that is necessary upon vacating under the law is to have the apartment be sufficiently clean enough to be "habitable", excepting normal wear and tear. It was habitable, there was no damage, normal wear and tear were not an issue, just the cleaning not done which he agreed to do under the lease. He is threatening suit with penalties and double damages awarded if he wins in the $700 range if I don't return the $55 balance of his security deposit.

You cannot claim that "the $144 that I gave him for as the last 4 days in September satisfy the $55.00 balance he's claiming for the security deposit", unless he clearly agreed that it was a final settlement. Otherwise he has the right to make a claim for the remainder of the security deposit.

Check your state laws for a definition of how clean the apartment must be returned. After checking state law, re-check your rental agreement. He has the right to file in small claims court if he disagrees with what you have done.

The $144 does not cover the $55.

1. What is your state's deadline for written deposit settlement? You might have missed it and already lost.

1a. Read your state law. Ours requires "broom clean". Hope you have pictures.

2. Why did you give him credit for moving out early? That's his choice.

3. Is this credit in the form of a rent refund?

4. If yes, then take $144-$55 = $95 (plus deposit) check to him. Money in hand softens fighters.

5. If he wants to fight, my freedom is more valuable than $55. I'd skip it, instantly taking all the wind out of his lawsuit.

6. Next time: lease spells out a $200 cleaning fee, no matter what, and no refunds on rent.

I'll go against the flow. I know it's a poor business decision, but I'd tell him to take me to court. If it's an honest charge, it's worth the fight.

It's unlikely he will actually take you to SC. If he does, it's anybody's guess what the judge will say. But you will have the opportunity to state to the judge "I generously refunded $144 that was not required, and he is questioning my judgement on $55."