Q: Did I rightfully deduct for damages from a tenant who took over ownership from her grandmother?
A:
In order to provide you with a more complete response, I would need to know more facts and I would need to explore some of the facts you have outlined. For example, I don’t know what you mean when you state: “The security deposit from my previous tenant was transferred over to the granddaughter by the executor.” Also, did the granddaughter sign a new lease with you? Has the granddaughter identified the basis for her threat to sue you?
My general impression, based on the facts you have outlined, is that you are within your rights in making the deductions you made. Of course, you would want to make sure you followed Maine law governing security deposits in all respects. See, e.g., 14 M.R.S. § 6033. I can’t tell if you did that from your factual summary. For example, did you provide the tenant with a written statement itemizing the reasons for the retention of any portion of the security deposit?
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