Somerville, MA asked in Real Estate Law and Landlord - Tenant for Maine

Q: If my at will tenant paid a month's rent. I'm evicting her, (7 day) can i keep rent for damages?

do I have to refund the pro-rated rent or can I apply it towards the substantial damages?

Also if she attached something to my houses exterior with bolts is it now part of the property or can she remove it when she leaves?

1 Lawyer Answer
Fred Bopp III
Fred Bopp III
  • Landlord Tenant Lawyer
  • Yarmouth, ME
  • Licensed in Maine

A: First, Maine law provides: "If a tenant who is 7 days or more in arrears in the payment of rent pays the full amount of rent due before the expiration of the 7-day notice in writing, that notice is void." It sounds like you can no longer evict your tenant, but you can keep the rent she (presumably) paid for the month. Generally speaking, she can remove an item she attached with bolts, but she would need to restore your property to the same condition it was in before she attached the item.

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