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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The remainder of the small claims’ court’s findings follows from this initial finding. Under Section
4461(c), “A landlord shall return the security deposit along with a written statement itemizing any
deductions to a tenant within 14 days from the date . . . the tenant vacated the dwelling unit, provided
landlord received notice from the tenant of that date.” 9 V.S.A. § 4461(c) (emphasis added). This
provision applies to all residential leases, regardless of the specific lease language. 9 V.S.A. §§ 4453, 4454
(all obligations under the Vermont Residential Rental Act are implied in all leases and no lease provision
shall try to circumvent the provisions of the Act). The evidence shows that Landlord did not deliver the
remainder of the security deposit until more than 17 days after Tenant vacated the apartment. The
itemized list was not delivered until more than 22 days after Tenant vacated. This is a violation of the
plain language of Section 4461(c), and the small claims court was correct in concluding that Landlord had
not complied with the provisions of Section 4461(c), which does not permit a landlord to extend or
modify the 14-day return and notice provision.

Other Sections in This Document (19)

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