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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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10 V.S.A. § 6249

10 V.S.A. § 6249 Vermont state

(j) A court order issued pursuant to subsection (i) of this section shall be effective upon issuance and provide for conveyance of the mobile home and any security deposit held by the park owner by uniform mobile home bill of...

24 V.S.A. § 5005

24 V.S.A. § 5005 Vermont state

...whom the appeal was taken and where a municipality so provides, the board may order that all, part, or none of the portion of the security deposit which is withheld be retained by the owner or returned to the tenant;

9 V.S.A. § 4503

9 V.S.A. § 4503 Vermont state

...The owner may, if reasonable, require the person to agree to restore the premises to the condition that existed before the modification, reasonable wear and tear excepted, but the owner may not require an additional security deposit for this purpose.

tender loving homecare v baldwin, No. 25-cv-5643 (Vt. Super. Ct. 2026)

tender loving homecare v baldwin, No. 25-cv-5643 (Vt. Super. Ct. 2026) Vermont state

...Baldwin’s argument that the outstanding balance behind the present writ should be cured by applying an alleged security deposit of $6,000 to the balance. Setting aside the existence of this alleged security deposit that is being raised at...

Eliason v. Harrison (2018)

Eliason v. Harrison (2018) Vermont state

The Harrisons’ failure to comply with the Board’s order is now an issue of enforcing the Board’s order—not of wrongful withholding of the security deposit in the second instance. Stated differently, the Harrisons failure to pay a...

Johnson v. Mrv Holdings (2025)

Johnson v. Mrv Holdings (2025) Vermont state

deposits.” In a section titled “Term, Rent, Security Deposit, Assignment and Subletting,” it states:

In Re Soon Kwon, 2011 VT 26 (2011)

In Re Soon Kwon, 2011 VT 26 (2011) Vermont state

...Tenants provided a security deposit of $2970. In early 2007, the parties entered into a second one-year lease. Although the second lease recited a security deposit of $3180, there was no evidence that any additional security was provided beyond...

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

security deposit consistent with Title 9 (assuming such notice were required).

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

Second, Title 9 has an expansive definition of “security deposit,” which

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

considered a security deposit under Title 9. There are strong points in both

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

Johnson is entitled to the release of the security deposit for the commercial

Section 2

Highgate Housing Limited Partnership v. Macaulay-Fisher (2015) Vermont state

Plaintiff continues to hold a security deposit on behalf of Defendants.

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

alleged security deposit were not done in willful derogation of its duties under Title

Nepveu v. Rau, 583 A.2d 1273 (1990)

Nepveu v. Rau, 583 A.2d 1273 (1990) Vermont state

It may be argued that 9 V.S.A. § 4461(b)(1) and (e) (failure of landlord to return security deposit with statement of deductions within fourteen days of tenant vacating premises deemed forfeiture of right to withhold deposit) means...

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

directions. First, the Addendum provides under the header: “Term, Rent, Security Deposit, Assignment and Subletting” that:

Section 10

Johnson v. Mrv Holdings (2025) Vermont state

9. Accordingly, there is no basis to double the sum of the alleged security deposit

§ 4461

In Re Soon Kwon, 2011 VT 26 (2011) Vermont state

...In this case, while it is true that on their official request for hearing form tenants did not specifically challenge landlord’s compliance with the security deposit notice requirements, landlord was given fair warning by the Board’s July 22...

L'ESPERANCE v. Benware, 2003 VT 43 (2003)

L'ESPERANCE v. Benware, 2003 VT 43 (2003) Vermont state

...The jury found that the value of the security deposit was $400, but declined to award any damages for willfully withholding the deposit.

§ 4461

In Re Soon Kwon, 2011 VT 26 (2011) Vermont state

...The security deposit section of the Landlord and Tenant Act is clearly a consumer protection provision regulating contractual security deposit procedures, and the City of Burlington has added to it additional procedures. The primary obligation of the landlord is to...

Ferris v. Loucka (2015)

Ferris v. Loucka (2015) Vermont state

The applicable law is clear: “If a landlord fails to return the security deposit with a statement [itemizing deductions] within 14 days [after the tenant vacated], the landlord forfeits the right to withhold any portion of the security deposit.” 9...