Full question:
My tenant while vacating the rental property has left behind some furniture. It seems that the tenant has discarded the furniture. I wish to rent out the property again, so I need to remove the tenant’s discarded furniture from the rental property. I am yet to refund the tenant’s security deposit. Can I deduct the amount spent on removing the tenant’s discarded furniture from the security deposit? I am a resident of Vermont.
- Category: Landlord Tenant
- Subcategory: Return Personal Property
- Date:
- State: Vermont
Answer:
In Vermont, per 9 V.S.A. § 4461, a landlord may make certain deduction from the security deposit. The landlord is entitled to retain the whole amount or a part of the security deposit for the reasons given in 9 V.S.A. § 4461.9 V.S.A. § 4461 reads:
“(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 which 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.”
Therefore you may make deductions from the security deposit for any expenditure incurred for removing the tenant’s abandoned articles from the rental property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
