How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Vermont, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law. Note: some municipalities (e.g., Burlington, Brattleboro) impose local caps — see localOverrideNote.
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Vermont |
|---|---|
| Nonpayment of rent | Permitted, if substantiated |
| Damage to the landlord's property (unless normal wear and tear or beyond the tenant's control) | Permitted, if substantiated |
| Nonpayment of utility or other charges the tenant was required to pay | Permitted, if substantiated |
| Expenses to remove articles abandoned by the tenant | Permitted, if substantiated |
| Claimed deduction | Permitted in Vermont |
|---|---|
| Normal wear and tear | Not permitted |
| Any amount without the written statement within 14 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord may retain only for nonpayment of rent, damage beyond normal wear and tear (and beyond the tenant's control), unpaid utility/other charges, and removal of abandoned articles, itemized in writing.
In Vermont the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. 9 V.S.A. § 4461(b) ↗
No statutory penalty beyond returning the deposit.
If the landlord fails to return the deposit with a statement within 14 days, the landlord forfeits the right to withhold ANY portion of the deposit. This forfeiture is automatic (no willfulness required).
9 V.S.A. § 4461(e) ↗A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
If the failure is WILLFUL, the landlord is liable for DOUBLE the amount wrongfully withheld, plus reasonable attorney fees and costs.
9 V.S.A. § 4461(e) ↗The tenant may recover the landlord's attorney fees.
Reasonable attorney fees and costs are recoverable only where the failure was willful.
9 V.S.A. § 4461(e) ↗Missing the 14-day return-with-statement deadline forfeits the landlord's right to withhold ANY portion — no willfulness finding needed. Willful failure adds 2x + fees + costs.
9 V.S.A. § 4461(e) ↗Vermont expressly invites towns to adopt supplemental deposit ordinances; Burlington and Brattleboro have local caps and interest rules that supplement state law.
9 V.S.A. § 4461(g) ↗““I'm deducting for wear and tear.””
You may only retain for nonpayment of rent, damage beyond normal wear and tear (and beyond my control), unpaid utilities, or removing abandoned articles — itemized in writing.
9 V.S.A. § 4461(b)
““I didn't have to itemize.””
You must return the deposit with a written statement itemizing deductions within 14 days. Missing that deadline forfeits your right to withhold anything.
9 V.S.A. § 4461(c), (e)
““I'll keep it and you can sue me.””
A willful failure to return my deposit makes you liable for double the amount wrongfully withheld, plus my reasonable attorney fees and costs.
9 V.S.A. § 4461(e)
Some widely circulated summaries of Vermont deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 14 days |
| 9 V.S.A. § 4461(c) | 14 days (primary residence) / 60 days (seasonal) |
What we follow: 14 days (primary) / 60 days (seasonal)
The statute distinguishes seasonal non-primary-residence rentals, which get 60 days.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| 9 V.S.A. § 4461(c) | 2026-10-15 | official text ↗ |
| 9 V.S.A. § 4461(e) | 2026-10-15 | official text ↗ |
| 9 V.S.A. § 4461(b) | 2026-10-15 | official text ↗ |
| 9 V.S.A. § 4461(g) | 2026-10-15 | official text ↗ |
Primary reference: 9 V.S.A. § 4461 (Security deposits). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Vermont Security Deposit Return
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The statute does not permit deductions for: normal wear and tear; any amount without the written statement within 14 days.
The landlord. The landlord may retain only for nonpayment of rent, damage beyond normal wear and tear (and beyond the tenant's control), unpaid utility/other charges, and removal of abandoned articles, itemized in writing.
No statutory cap under state law. Note: some municipalities (e.g., Burlington, Brattleboro) impose local caps — see localOverrideNote.
No. Normal wear and tear