Burlington, VT Rental Property Rules: Security Deposit Rules (2026)
Key Facts
- Statute
- 9 V.S.A. Sec. 4461
- Return deadline
- 14 days
- Penalty
- Double damages
- Forum
- Small Claims
Summary
Vermont 9 V.S.A. Sec. 4461 caps security deposit deductions to specified categories and requires landlords to return the balance with itemization within 14 days of tenancy end in Burlington.
§ 4461. Security deposits
(a) A security deposit is any advance, deposit, or prepaid rent, however named, which is refundable to the tenant at the termination or expiration of the tenancy. The function of a security deposit is to secure the performance of a tenant's obligations to pay rent and to maintain a dwelling unit.
(b) The landlord may retain all or a portion of the security deposit for:
(1) nonpayment of rent;
(2) damage to property of the landlord, unless the damage is the result of normal wear and tear or the result of actions or events beyond the control of the tenant;
(3) nonpayment of utility or other charges that the tenant was required to pay directly to the landlord or to a utility; and
(4) expenses required to remove from the rental unit articles abandoned by the tenant.
(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 on which the landlord discovers that the tenant vacated or abandoned the dwelling unit or the date the tenant vacated the dwelling unit, provided the landlord received notice from the tenant of that date. In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.
(e) If a landlord fails to return the security deposit with a statement within 14 days, the landlord forfeits the right to withhold any portion of the security deposit. If the failure is willful, the landlord shall be liable for double the amount wrongfully withheld, plus reasonable attorney's fees and costs.
Full Breakdown
Under 9 V.S.A. Sec. 4461, Burlington landlords may deduct only for unpaid rent, damages beyond normal wear, expenses for nonfulfillment, utilities owed, and similar enumerated categories. The landlord must mail an itemized statement and remaining balance to the tenant's forwarding address within 14 days after tenancy ends. Failure to comply forfeits the right to retain any portion and exposes the landlord to double the wrongfully withheld amount plus attorney fees. Burlington Code Enforcement does not adjudicate deposits but tenants can pursue Small Claims Court.
Violations & Fines
Wrongful deposit withholding permits tenants to recover double damages plus reasonable attorney fees in Vermont Small Claims or Civil Division.
Frequently Asked Questions
What if my Burlington landlord keeps my deposit without explanation?
Is there a deposit cap?
Sources & Official References
Other rules in Burlington
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