Burlington, Vermont Security Deposit: Which Rule Applies and Your Next Step

Burlington requires return within 14 days from the date the landlord discovers that the tenant vacated or abandoned the rental unit (B.C.O. § 18-120(c)). Vermont law gives 14 days from the date the landlord discovers the tenant vacated or abandoned, or the date the tenant vacated if the landlord received notice of that date (9 V.S.A. § 4461). Calculate below.

State law vs Burlington ordinance

RuleVermont state lawBurlington ordinance
Return deadline14 calendar days after from the date the landlord discovers the tenant vacated or abandoned, or the date the tenant vacated if the landlord received notice of that date. ordinary (non-seasonal primary) dwelling unit. 60 calendar days after vacancy for seasonal occupancy. seasonal occupancy and rental of a dwelling unit not intended as a primary residence.14 days from the date the landlord discovers that the tenant vacated or abandoned the rental unit (B.C.O. § 18-120(c))
Deposit capNo statewide statutory cap. Towns and municipalities may adopt supplemental ordinances (not inconsistent with § 4461 minimum protections); local caps may apply (e.g., Burlington).Security deposit may not exceed one month's rent. An additional payment equal to one-half of one month's rent may be required as a pet deposit (not for an animal that mitigates a disability). No other payments or deposits beyond first month's rent and these deposits may be required. (B.C.O. § 18-120(a)(1)-(2))
InterestNo statewide interest requirement. Under 9 V.S.A. § 4461(g), a town or municipality may adopt an ordinance authorizing payment of interest on a security deposit (ordinance may not limit how a deposit is held). Example: Burlington requires interest-bearing account and payment of interest to the tenant.Deposit shall be held in an interest-bearing account at a rate at least equivalent to a current Vermont bank passbook savings account, and interest is paid or applied with the return. (B.C.O. § 18-120(a)(1))
Penaltyfailure to return deposit with itemized statement within the applicable deadline: landlord forfeits right to withhold any portion; if the failure is willful, landlord also liable for double the amount wrongfully withheld plus reasonable attorney's fees and costs. Bad faith required: No.Failure to return the deposit with the required statement within 14 days forfeits the right to withhold any portion. If the Housing Board of Review finds the failure willful, the landlord is liable for double the amount wrongfully withheld. (B.C.O. § 18-120(c))
ItemizationRequiredWritten statement itemizing amounts withheld and notifying the tenant of the right to appeal to the Housing Board of Review; statement and any payment hand-delivered or sent by certified mail to the last-known address. (B.C.O. § 18-120(c))
Who it coversSee state statute and conditions aboveRental, lease, or occupancy of a rental unit as a dwelling in Burlington.

Download this table (CSV)

Source: Burlington Code of Ordinances § 18-120 - Deposits · Checked: · Release: 5c9b10e6dffc94d70cee7a2f28ed0379eb3ce9d6

9 V.S.A. § 4461 · Burlington Code of Ordinances § 18-120 - Deposits

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Details of the return rules
Vermont statutory deadlines
When it appliesDeadlineStarts from
My regular home14 daysfrom the date the landlord discovers the tenant vacated or abandoned, or the date the tenant vacated if the landlord received notice of that date
A seasonal rental that is not my main home60 daysafter vacancy for seasonal occupancy

Vermont return rule: 14 calendar days (ordinary (non-seasonal primary) dwelling unit). Check the dates you entered above.

Which deadline applies to you

City ordinance: 14 days from the date the landlord discovers that the tenant vacated or abandoned the rental unit (B.C.O. § 18-120(c)). Applies to: Rental, lease, or occupancy of a rental unit as a dwelling in Burlington.

State law: 14 calendar days after from the date the landlord discovers the tenant vacated or abandoned, or the date the tenant vacated if the landlord received notice of that date. ordinary (non-seasonal primary) dwelling unit.; 60 calendar days after vacancy for seasonal occupancy. seasonal occupancy and rental of a dwelling unit not intended as a primary residence. (9 V.S.A. § 4461). These rules have their own conditions and starting events.

Compare both rules for your rental. The calculator above follows state law and does not calculate a separate city date.

County small claims courts

CountyCourt and cityLimitFiling feeE-filingCourt link
ChittendenChittenden Superior Court, Civil Division, Burlington$10,000Statewide filing fee: Confirm current filing and service fees with the Civil Division clerk.Not verifiedOfficial court website
Court page check not recorded

See the Chittenden county filing page

Statute says

An owner may require a reasonable deposit as a condition for the rental, lease or occupancy of a rental unit as a dwelling as security against damage beyond normal wear and tear to the premises which is attributable to the tenant, against nonpayment of rent, against nonpayment of utility or other charges which the tenant was required to pay directly to the landlord or to a utility, and against expenses required to remove from the rental unit articles abandoned ...

Burlington Code of Ordinances § 18-120 - Deposits

What this means

Burlington caps the security deposit at one month's rent (plus an optional extra half-month pet deposit), requires passbook-equivalent interest, forbids using the deposit as last month's rent unless the written lease says so, and requires return with an itemized statement within 14 days, with forfeiture and possible double damages.

Source accessed: .

FAQ

Does Burlington set a separate deposit return deadline?

14 days from the date the landlord discovers that the tenant vacated or abandoned the rental unit (B.C.O. § 18-120(c)). The date calculator on this page follows Vermont law.

What else does the Burlington ordinance require?

Burlington caps the security deposit at one month's rent (plus an optional extra half-month pet deposit), requires passbook-equivalent interest, forbids using the deposit as last month's rent unless the written lease says so, and requires return with an itemized statement within 14 days, with forfeiture and possible double damages.

Does the ordinance cover my rental?

Rental, lease, or occupancy of a rental unit as a dwelling in Burlington.

What's next?

Previous page summary

Burlington caps the security deposit at one month's rent (plus an optional extra half-month pet deposit), requires passbook-equivalent interest, forbids using the deposit as last month's rent unless the written lease says so, and requires return with an itemized statement within 14 days, with forfeiture and possible double damages.