Vermont · Security deposit dispute

Security deposit dispute in Vermont small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Vermont, small-claims cases are heard in the Vermont Superior Court, Civil Division (small claims) and you can sue for up to $10,000 (with a $5,000 cap for consumer-credit debt or medical debt).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Small Claims Complaint (Form 100-00257) in Vermont

  1. Complete the Small Claims Complaint. Fill out the Small Claims Complaint (form 100-00257), naming the defendant and stating the amount and basis of your claim.
  2. File and pay the fee. File with the Civil Division of the Superior Court in the county where you or the defendant lives, and pay the filing fee.
  3. Receive the signed summons. The court returns a signed Summons with your complaint and the docket number.
  4. Serve the defendant by mail. Within 7 days of receiving the signed summons, mail the summons and complaint to the defendant by first-class mail.
  5. Arrange sheriff service if no answer. If the defendant does not answer within 30 days, have a sheriff or constable serve the documents.

Filing fees: The filing fee is $65 for claims of $1,000 or less and $90 for claims over $1,000, set by statute statewide (not county-set).

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 6 years (12 V.S.A. § 511)

Answering a lawsuit: 30 days.

Serving the defendant: After the court returns the signed summons, you serve the defendant by first-class mail within 7 days; if no answer is filed within 30 days, you must have a sheriff or constable serve the documents.

Appeals: Either party may appeal to the Superior Court within 30 days of judgment by filing a Notice of Appeal with a $105 fee (Vermont Rule of Small Claims Procedure 10). The appeal is decided on the record, not retried.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Vermont Judiciary: Suing and Being Sued (Small Claims). Last reviewed 2026-06-24.