§ 14 §6034 — Wrongful retention; damages

1.
Notice to landlord of intention to bring suit; presumption on failure to return deposit.
If the landlord fails to return the security deposit and provide the itemized statement within the time periods in section 6033, the tenant shall give notice to the landlord of the tenant's intention to bring a legal action no less than 7 days prior to commencing the action. If the landlord fails to return the entire security deposit within the 7-day period, it is presumed that the landlord is wrongfully retaining the security deposit.
2.
Double damages for wrongful retention.
The wrongful retention of a security deposit in violation of this chapter renders a landlord liable for double the amount of that portion of the security deposit wrongfully withheld from the tenant, together with reasonable attorney's fees and court costs.
3.
Burden of proof.
In any court action brought by a tenant under this section, the landlord has the burden of proving that the landlord's withholding of the security deposit, or any portion of it, was not wrongful.

Legislative History

PL 1977, c. 359 (NEW). PL 1995, c. 52, §2 (AMD).