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

The word “willful” is not defined in Section 4461 or within the Vermont Residential Rental Act.
The Vermont Supreme Court stated, “[t]he term ‘wilful’ though given different definitions under different
circumstances cannot well mean less than intentional and by design.” In re Chase, 2009 VT 94, ¶ 26
(quoting State v. Burlington Drug Co., 84 Vt. 243, 252 (1911)). In this respect, “willful” means intentional
and by design as opposed to accidental. Wendell v. Union Mutual Fire Ins. Co., 123 Vt. 294, 297 (1963). In
this case, the small claims court found that the totality of the circumstances indicated that Landlord chose
not to timely comply with the 14-day requirement of Section 4461(c). Landlord on appeal contends that it
did not intend or design to return the security deposit and notice of withholding late but rather blames the
time that it took to finish the estimates. This argument misperceives what both the small claims court
found as well as what the implication of a willful withholding constitutes. The legislature in drafting
Section 4461 chose not to include provisions for extensions of the timeline for returning a security deposit.
Order Page 3 of 4
25-CV-02569 GEORGE'S WAY LLC v. MATTHEW HARRINGTON
 Instead, it created a hard and fast rule. A party must return a deposit or give notice of withholding within
14 days after a tenant vacates. Landlord' defense is effectively a claim of ignorance as to the strict