Landlord won’t give security deposit back

[Waffles32]

Jurisdiction

Maine

I tried to move in a trailer park. Yes, I knew it was a bad idea, and I should've known better

I was supposed to be able to move in on the 1st of March. The landlord kept pushing back the date from the 5th to the 8th due to furnace and plumbing problems.
I already signed the lease and paid the money before I got there to see if they actually fixed anything. It was trashed, surprise to no one but me.

I asked for a full refund immediately. I took pictures and went home. It is now the 24th of April and she will only give me $200 back (from pet deposit, which isn't refundable) and not the full security deposit and/or rent. This is because on the lease it states, "If applicant further agrees that if applicant is accepted by management and then decides, for any reason, not to move into the premises, then all monies paid herewith shall be retained as liquidated damages since other prospective tenants may have been turned away…"

Is this legal to put on a lease??

 

[army judge]

I asked for a full refund immediately. I took pictures and went home. It is now the 24th of April and she will only give me $200 back (from pet deposit, which isn't refundable) and not the full security deposit and/or rent. This is because on the lease it states, "If applicant further agrees that if applicant is accepted by management and then decides, for any reason, not to move into the premises, then all monies paid herewith shall be retained as liquidated damages since other prospective tenants may have been turned away…"

Is this legal to put on a lease??

It isn't illegal.

You voluntarily signed the lease, paid the deposit for the pig in a poke.

You sowed, you reaped.

The cagey landlord simply out maneuvered you.

Better luck next time.

 

[Tax Counsel]

Is this legal to put on a lease??

It's not illegal to put that there in most states. However, whether a court will enforce that kind of provision depends on Maine's landlord tenant laws and how the Maine courts have interpreted them. States vary rather widely in landlord tenant laws so there isn't a good general rule I can give you about this. In my state, which is not Maine, if you were found to have breached the contract the issue would be whether that provision is a reasonable one to compensate the landlord for the lost rent, etc., that the landlord incurred. I do think it's fair to say that in most states the landlord might be regarded as the one to breach the lease as the landlord did not have the place ready for you to occupy on the day you were were given to start the tenancy. However, I've not read the entire contract, and that's important because other provisions in it might affect the outcome. If the landlord breached the lease, then you might have a claim against the landlord for more than just the return of your deposit.

 

[welkin]

It was trashed, surprise to no one but me.

I asked for a full refund immediately. I took pictures and went home.

You should tell us what you mean by trashed. Was the place habitable?

There is an implied warranty and covenant of habitability in every lease to rent whether it is stated in the lease or not.

Chapter 710: RENTAL PROPERTY

Read the statute above and see if what you mean by trashed violates the statute.