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STATE OF MAINE CUMBERLAND, ss. LIDIYA SHAVIROV Plaintiff,

SUPERIOR COURT CIVIL ACTION DOCKET NO: CV-07-672 2008 JUL ? C"~<~,
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ORDER
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DONALD L. GAR8RECHT
LAWU8RARY

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HOME PROPERTIES WMF I, LLC Defendant.

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Before this Court is Defendant Home Properties WMF I, LLC (Home Properties) Motion to Dismiss pursuant to M.R. Civ. P. 12(b)(6).

BACKGROUND
On December 11, 2007, Plaintiff Lidiya Shavirov (Plaintiff) filed a complaint alleging, inter alia, that Home Properties did not comply with certain statutory
requirement~demanded .

of Landlords in Maine. Plaintiff's Complaint

asserts that she is a former tenant of Home Properties, having entered into a year-long lease that began on May 5, 2006 (Lease). Her monthly rent was $925. Plaintiff paid Home Properties a security deposit in the amount of $1,388. In the event that Plaintiff terminated the Lease early, the Lease permitted Home Properties to charge both a turn-over fee of $500 and any rent outstanding under the Lease. Should Home Properties secure a replacement tenant prior to the expiration of the Lease term, the new tenants rent was required to be applied to the outstanding rent due by the original tenant. On February 28, 2007, Plaintiff vacated the apartment and returned her keys to Home Properties. She had paid her rent through January 2007. She left

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owing the February 2007 rent, a late fee, and a water and sewerage bill totaling $1,040.78. Home Properties was able to find a replacement tenant in March 2007. Home Properties then notified Plaintiff that it would retain her $1,388 security deposit, and demanded an additional $2,002.78. A collection agency contacted Plaintiff in March 2007 demanding that she pay the $2,002.78. Plaintiff contacted Pine Tree Legal Assistance. Subsequent to their conversation with Home Properties, the debt was reduced to $808.78. In June 2007, the alleged debt was reported to the credit bureaus. The debt appears on Plaintiff's credit report as an original debt of $2003 with current amount due of $809. Plaintiff filed the instant Complaint alleging that Home Properties' actions were unlawful under 14 M.R.S.A.

Download CUMcv-07-672.pdf

Maine Law