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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 4461

Citation
§ 4461
Parent Document
In Re Soon Kwon, 2011 VT 26 (2011)
Jurisdiction
Vermont (state)
Effective Date
2011-02-23

Full Text

1,061 chars
¶20. Moving beyond notice, landlord next contends the trial court erred in rejecting the claim that tenants were responsible for at least the difference between the original deposit of $2970 and the amount remaining of $843 based upon deductions for damages allegedly committed during the first lease period. The trial court concluded that landlord’s letter from June 2007 detailing the earlier deductions was ineffective because it did not inform tenants of their right to request a hearing before the Board within thirty days of receipt of the letter, as required by the ordinance. Although landlord asserts that the absence of such a statement does not require forfeiture of the amounts sought from the deposit, the ordinance indicates otherwise. Burlington Code of Ordinances § 18-120(c) (providing that landlord’s security-deposit statement must include notice of right to appeal to Board and that if landlord fails to provide such statement “the landlord forfeits the right to withhold any portion of the security deposit”). Accordingly, we find no error.