georges way v harrington, No. 25-cv-2569 (Vt. Super. Ct. 2024)

Citation: georges way v harrington, No. 25-cv-2569 (Vt. Super. Ct. 2024)
Parent Document: georges way v harrington, No. 25-cv-2569 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-09-09
Original Source: https://www.vermontjudiciary.org/media/19416 ↗

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Landlord, George’s Way, LLC, appeals from the small claims division’s decision awarding Tenant,
Matthew Harrington, double his security deposit under 9 V.S.A. § 4461(e) for willfully withholding the
deposit beyond the 14 days after Tenant vacated the apartment. Landlord appeals encompasses two
positions. First, Landlord contends that the small claims court erred in finding that it had wrongfully
withheld the security deposit as Landlord claims it took more than 14 days to determine the extent and
cost of the damage to the dwelling unit, which by extension delayed Landlord’s accounting and
determination of what to withhold. Second, Landlord contends that the small claims court erred in
determining that the withholding was willful. Landlord contends that he should not be obligated to
double the amount of security deposit.

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