Apartment Security Deposit Refunds - Legal Requirements

Remember: you have a fair and objective advocate on all matters related to renting rules, responsibilities and disputes!! Your advocate is: Vermont Tenants, Inc. Vermont Tenants Inc. is located at: 294 North Winooski Avenue, Burlington, Vermont; 05401 phone: (802) 864-0099 or 1-800-287-7971

Security Deposit Refunds - Legal Requirements

The landlord must return the security deposit by hand delivering or mailing it to the tenant’s last known address within 14 days from the day the landlord discovers the tenant has moved out or from the date the tenant actually moves out, if the tenant gives the landlord notice that he or she has moved. The security deposit return should include a written statement itemizing any deductions taken out by the landlord. It is to the tenant’s benefit to get notice to the landlord, along with keys to the apartment, on the date they move out. If the landlord fails to return the security deposit and statement within the 14-day period, the landlord must return the entire deposit.

A tenant who does not receive his or her deposit back or who disagrees with some of the deductions the landlord takes may go to Small Claims Court to try to recover the deposit. (See, “Using Small Claims Court”) Tenants of apartments in Burlington and Barre can go to their local Housing Board of Review. It is sometimes possible to avoid this process if the tenant and landlord can work out a compromise. The parties may want to try to negotiate before, or even after, a claim has been filed in Small Claims Court.

If the landlord willfully withholds or fails to return the security deposit and written statement, the landlord may, at a judge’s discretion, be ordered to pay the tenant two times the amount of security, plus reasonable attorney’s fees and costs if the tenant goes to court.

What is “Normal wear and tear”?

Normal wear and tear is the deterioration which occurs normally with occupancy of a rental unit and which is not the result of negligence, carelessness, accident or abuse of the premises by tenants or their guests. [Definition from Vermont state law: “ ‘Normal wear and tear’ means the deterioration which occurs, based upon the reasonable use for which the rental unit is intended, without negligence, carelessness, accident or abuse of the premises or equipment or chattels by the tenant or members of his or her household or their invitees or guests.”]

A landlord cannot deduct from a security deposit the costs of ANY of the following things:

Routine maintenance,
Painting (unless careless, negligent, accidental or destructive tenant activity or actions make repainting necessary when it normally would not be),
Re-advertising the apartment (except in some circumstances when the tenant has broken the lease) (See, “Breaking a Lease”)
Renovation of the unit.

A landlord may NOT deduct from a security deposit any funds unless the damage was caused by the tenant or their guests through negligence, carelessness, accident or abuse.

If the landlord attempts to make a deduction from your security deposit for anything that was NOT damage caused by negligence, carelessness, accident or abuse caused by you or your guests- then you should notify the landlord in writing that you do not intend to pay for these erroneous charges. Tenants of apartments in Burlington can go to the Burlington Housing Board of Review. It is sometimes possible to avoid this process if the tenant and landlord can work out a compromise.

--- For Questions: Contact Vermont Tenants Inc. at 864-0099.

--- Always send a written notice to your landlord and/or property manager informing him or her of the problem and of what actions you intend to take.

NOTE: This document is intended to serve as a general guide to tenants and does not constitute a legal opinion or legal advice regarding any specific situation.

Vermont Tenants, Inc. is located at:294 North Winooski Avenue,Burlington, Vermont; 05401(802) 864-0099 or 1-800-287-7971

Dental and Medical Appointments! --- There is help!

We are blessed to have among us a Bhutanese man that has become a knowledgeable and devoted volunteer at the Community Health Center -- Dilli Ram Dulal. Dilli Ram Dulal has extensive experience in the health care sector in Nepal. Unfortunately, he has had difficulty becoming certified and registered as a health professional here. Instead, Dilli Ram has devoted many, many hours working as a volunteer for the Community Health Center.

He has become a scheduling and appointment specialist for the Community Health Center.

If you or someone in your family needs a medical or dental appointment at the Community Health Center, give Dilli Ram a call at ( 497-4412 or 860-6258 ).

Dilli Ram will gather the required information and history and he will arrange an appointment time for you at the Community Health Center.

Dilli Ram speaks English very well and he can also serve as your translator if needed. Dilli Ram works part-time as a contract Nepali<>English translator for the Association of Africans Living in Vermont at 139 Elmwood Avenue in Burlington.

Dilli Ram has also been volunteering as the informal Bhutanese coordinator for the Burlington and Winooski community garden plot projects.

Dilli Ram is also hoping to coordinate and facilitate the first meetings of the Vermont Bhutanese Association in the near future. He feels there could be many benefits to the Bhutanese community if we are organized and work together to help ourselves and preserve our culture.

Give Dilli Ram a phone call now ( 497-4412 or 860-6258 ), to arrange your next medical or dental appointment!!

House rent too high? Do you need to find a new place to live?

Immigrants helping Immigrants . . .

Do you want to find a new place to rent? Is your landlord planning to increase your monthly rent payments when your current 6-month lease expires? Are you unhappy with your current housing?

Housing and rental costs in the Burlington area are very expensive. Lower-cost subsidized housing is available, however the application process is complicated and time-consuming! There are long waiting lists for all of the low-cost places. You must apply early and you must update your applications regularly.

The two most important places to apply for lower-cost housing are the:

Burlington Housing Authority, 65 Main Street, Burlington, Vermont 05401 at 802-864-0538 during the hours of Monday- Friday 8:30 - 4:00.

and the

Winooski Housing Authority - their office hours are 8:00 AM to 4:30 PM Monday through Friday and their office number is (802) 655-2360 . The office is located at 83 Barlow St, Winooski, VT 05404

The Vermont State Housing Authority(VSHA) is located at One Prospect Street • Montpelier, Vermont 05602. Their phone number is: 802-828-3295 (ask to speak with Lluisa). The VSHA is another agency with lower-cost housing located in the Burlington area (Burlington, Colchester, Essex Junction, Milton). They will arrange for a Bhutanese translator to help you with preparing your application, when you visit their office in Montpelier....

There are many forms to fill out if you are interested! Please visit these offices and ask for all necessary forms.

If you need help filling out the applications ask a friend or go to the office of the Association of Africans Living in Vermont, their phone number is: 802 985 3106 and the office is located at 139 Elmwood Avenue, Burlington, VT 05401 (just around the corner from the Community Action Office on North Street). The people working at this office receive funding to help with these types of questions.

To get an idea of market rate rental prices, check the currently advertised places in the Burlington /Winooski /South Burlington area. The best source for available places is on the website CRAIGSLIST.

When the local colleges and universities finish their spring school semesters, the market will be "flooded" for a short while with newly available rentals. This is a good time to look for another apartment. Those places will begin to be advertised in mid-April through mid-June. Don't consider a summer sublet, as they are only available for the 3 summer months!

Other good places to look for apartment rentals are in the Burlington Free Press classified ads and in the Seven Days classified ads.

If you earned a salary in 2008 from a job, it is time to complete your 2008 Income Tax Forms !!

If you earned money from a job anytime last year, you probably need to file 2008 Income Tax forms with the U.S. Government and with the Vermont State Government. The forms are not the same.....

Get some free helpful advice and assistance at the Chittenden Community Action Office, located at 191 North Street in Burlington - phone (802) 863-6248.

The Chittenden Community Action Office is a Volunteer Income Tax Assistance (VITA) site, helping low income households prepare their tax forms from February 1st through April 15th. Returns are electronically filed, resulting in a speedy refund.

Do not delay! If you do not file your tax returns by April 15, 2009, the government may impose a penalty or some other sort of fine upon you!

Stop by the Chittenden Community Action Office at 191 North Street in Burlington and ask if they will schedule an appointment for you, to meet with one of their Income Tax counselors.

Chittenden Community Action Office staff is happy to assist with filling out forms and applications for other programs such as Reach-Up, Food Stamps, Fuel Assistance and the Health Care programs - Medicaid, Vermont Health Access Plan (VHAP), Dr. Dynasaur and Women, Infants and Children (WIC).

2-1-1 They can answer almost any question !!

Do you need help finding help?

Are you facing difficult times and do not know where to turn?

Looking for help with everyday needs?

Dialing 2-1-1 is your first step.

Vermont 2-1-1 is a simple number to dial on your telephone for information about any sort of human service program or office in your community. By dialing 2-1-1, information is much easier to find.

At Vermont 2-1-1, callers will speak with a real person every time. Call Specialists will help solve your problem and refer you to the best and most appropriate office, government programs, community-based organizations, support groups, and other local resources. Vermont 2-1-1 is:

• A local call from anywhere in Vermont.

* Live translation services for 170 languages.

• Confidential telephone assistance.

• Available 24 hours a day, 7 days a week.
  

• Access for persons who have special needs.

• Ability to transfer emergency calls to 9-1-1.

• Accurate information about community resources in Vermont.

When to Call an Ambulance

Are you prepared for an emergency? Knowing what constitutes an emergency, where to get help and what to do while you're waiting for help can save a life. Here are some tips from the American College of Emergency Physicians.

First, remember that prevention remains the best cure. Get routine medical and preventive care from a family doctor. Getting necessary immunizations and treating minor illnesses before they get serious can minimize visits to the emergency department.

If the medical problem or illness problem is NOT an "emergency", call your doctor, or for sick ADULTS call the Community Health Center (802) 864-6309 or for sick CHILDREN, call the Vermont Children's Hospital - General Pediatrics office (802) 847-4696.

If you suspect the medical or illness problem is an "emergency", then dial 911 for help.

Learn how to recognize emergency warning signs.

Some warning signs of a medical emergency include difficulty breathing or shortness of breath, chest or upper abdominal pain or pressure, fainting, sudden dizziness, weakness or change in vision, confusion or change in mental status, sudden severe pain, bleeding that won't stop, severe or persistent vomiting, coughing up or vomiting blood, suicidal or homicidal feelings.

Know where to get help.

Our community has the 911 emergency number and dialing it will put you in touch with emergency medical help. Even small children can be taught to dial an emergency number.

Dialing 911 will speed dial your phone call to the emergency dispatcher. When dialing 911 from a mobile or cellular phone please remember that your location and caller identification is not always displayed. Please stay on the line with the dispatcher until you are instructed to hang up. Always be aware of your location and be prepared to tell the dispatcher where you are.

Learn what to do until help arrives.

Knowing CPR and choking rescue procedures is important, especially if you have small children in the house. Your local American Red Cross chapter (802) 660-9130 may offer these courses. It's also important to know the basics of first aid, so you can stop serious bleeding, manage shock or handle fractures until emergency help arrives.

It's also important to know what NOT to do.

• While it's smart to keep Syrup of Ipecac in the house in case your child swallows poison, it should not be used with all poisons. Call the Poison Control Center (800 - 222-1222) or the Fletcher Allen Hospital Emergency Department (FAHC)for advice: (802) 847-2434.
  
• Never move anyone who is unconscious or has struck his head or was injured in a car crash, unless he or she is in danger.
  
• When treating burns, don't use ice or butter or petroleum jelly. If the burn forms a blister that is large or deep, get immediate emergency help.

Normal Free Television May End on Feb. 17th - What Can You Do?

February 17th may be a sad day.... If you receive your television signal from either a "rabbit ears" or another type of indoor or outdoor antenna and you want to continue using your antenna (and get "free" TV), then you will need a digital converter box connected to the older analog television set you use. Click here to learn about the US Government's Converter Box Coupon Program. We suggest you request your coupons now, as supplies are limited. Note: Coupon applications are now wait-listed. Once you purchase your converter box, connect it right away, so you can tell if you are receiving digital channels successfully.

It may take several weeks to get your $40 converter box coupon. Check with your friends, neighbors or volunteers and ask if they have a extra $40 converter box coupon - they probably got 2 coupons if they requested coupons a few weeks ago.

You may also need a new antenna to receive the new digital signals. In Burlington and Winooski the best type of antenna to use may be a "directional" TV antenna such as the Phillips PH-DTV1

All stores in the Burlington area were sold out of directional antennas this week!! You may need to order the antenna online using your bank ATM- debit card. You can check the prices HERE.

Online prices are usually lower than local prices, although you will have to pay for shipping charges.

The cheapest DTV converter boxes sold in the Burlington area were available this week at RITE-AID drug stores and at Best Buy in Williston. These stores were selling some boxes for $49 each. If you have a $40 coupon, then your cost will be about $12.99 if purchased in Burlington ($49.99 x 6% sales tax - $40 coupon = $12.99).

The Food Stamp Program Has Improved - Try Again!!

The Vermont Food Stamp Program has a new "nickname" - 3SquaresVT - and now the program allows you to qualify with higher income levels!

Vermont raised the Food Stamp (3SquaresVT) income limits to give more Vermonters access to food benefits. If you meet those limits (see below), they will review your situation to see if you qualify. They must consider each household’s circumstances when deciding if people are eligible.

The nutrition benefit amount depends on household size, countable income, and expenses. Some households may be eligible for Food Stamps (3SquaresVT), but only for a $0 monthly benefit. It may still be worthwhile for them to enroll in the program as they may qualify for the other benefits.

Also, if you are enrolled in the program and your income goes down, you may qualify for a higher monthly nutrition benefit amount.

If you were denied Food Stamps, please use the Food Stamp Calculator below to estimate if you qualify now!

Click Here to See If You Qualify >> Food Stamp Calculator

Are Your Gas or Heating Bills Too High? There is HELP!

It is not too late to apply. You can still apply for Seasonal Fuel Assistance this season. The final deadline is February 28th. If you apply between February 1st and 28th and you are found eligible your check will be issued to your fuel dealer on March 31st.

WHERE TO APPLY? >>> Apply at the Chittenden Community Action (CCA) office. The CCA office is located at 191 North Street, in Burlington, (802) 863-6248.

Office hours are 9:00 am to 4:30 pm, Monday through Friday except holidays. CCA provides a variety of free services to help meet the needs of low income people throughout Chittenden County. Services include; fuel and utility assistance, housing assistance, information and referral, Farm to Family Program and advocacy.

This is very helpful program and it might save hundreds of dollars for you!

What to do If your child has a bad cough?

Click here for detailed information: >> YOUR CHILD'S COUGH

Home Treatment

Home treatments should never take the place of consulting your child's doctor for any of the conditions listed above, but there are several things you can do at home to make your child more comfortable when he or she has an annoying cough.

If your child has asthma, make sure you have received asthma-management instructions from your child's doctor. Monitor your child's progress carefully during a flare-up and give asthma medicines according to the doctor's instructions.

If your child wakes up with a "barking" or "croupy" cough in the middle of the night, take her into the bathroom, close the door, and let the shower run on hot for several minutes. After the room steams up, sit on the bathroom floor with your child for about 20 minutes. The steam should help your child breathe more easily. Try reading a book together to keep your child occupied.

A cool-mist humidifier in your child's room might help her sleep through the night.

Cool beverages like juice can be soothing; avoid carbonated or citrus drinks, however, because carbonation and citric acid can be painful on raw areas.

You should not give your child (especially a baby or toddler) OTC cough medicine without specific instructions to do so from your child's doctor. Many of these medicines suppress coughs, but respiratory illnesses sometimes produce a lot of secretions and coughing helps clear them out of the airway. If the cough were suppressed with medicine, it could actually be harmful to your child. In some instances, these medicines have even caused dangerous side effects when given to infants or very young children. In addition, the guidelines for OTC doses for children are often derived from adult guidelines (not formulated specifically for small children), so the medicine may not work exactly as intended.

Cough drops, which are fine for older children, are a choking hazard for young children. It's best to leave decisions about your child's medicine to your child's doctor.

Safety Page - Prevent Fires !!

Click on this Safety Link >> Burlington Fire Department


Click on this Safety Link >> Sparky's Home Heating Rules


Click on this Safety Link >> Space Heater Rules


Click on this Safety Link >> Fast Facts About Heating



Click on this Safety Link >> Small Space Heaters are Dangerous Killers!!

What does housing discrimination really mean?

If you have been treated unfairly because of your race, sex, sexual orientation, age, marital status, religious creed, color, national origin or disability including HIV status, because you intend to occupy a dwelling with minor children, or because you are the recipient of public assistance, then you have experienced illegal discrimination.

Discrimination is not always obvious and can take many forms. It may happen when a landlord refuses to rent you an apartment, or tells you it is unavailable when it is really vacant. It may occur when the terms and conditions of your lease are different from those of the landlord's other tenants. Illegal discrimination can also happen in advertisements.

The Fair Housing Project (FHP)

Call: 864-3334 x202

The Fair Housing Project (FHP) is a program of the Statewide Housing Services division of the Champlain Valley Office of Economic Opportunity (CVOEO), a non-profit community action agency. The FHP works to eradicate housing discrimination in Vermont through education, outreach, and enforcement of fair housing laws. The FHP assists victims of discrimination, investigates complaints, and works with attorneys to pursue litigation when necessary.

Kevin Stapleton , Director
kstapleton@cvoeo.org
802-864-3334 x 102

Dani Fuoco, Education and Outreach Director
dfuoco@cvoeo.org
802-864-3334 x 109

Do you have critical problems in your apartment? What To Do About Major Code Violations (For Burlington Tenants)

A TENANT Information Sheet PRODUCED BY VERMONT TENANTS, INC./CVOEO

Under both Vermont State law and Burlington law, tenants have the right to safe and decent housing. If you have problems in your rented housing that present real health or safety threats, then those problems violate Vermont's Warranty of Habitability law and Burlington's minimum housing codes. If there are such problems with your rental unit, here are some steps you can take.

First and Always (If at all possible), talk with your landlord about the problem. Explain what needs to be fixed. If he or she does not take action to fix the problem in a reasonably timely manner then:

--- Contact a Burlington Rental Housing Inspector (863-9094).

An inspector can order the landlord to make the needed repairs. Also, if an inspector finds serious code violations in your rental unit then the inspector's order will serve as your proof that real problems exist and it is your insurance against a retaliatory eviction.Retaliation against a tenant for making a legitimate complaint to an inspector is illegal.

--- Contact Vermont Tenants Inc. at 864-0099.

--- Always send a written notice to your landlord and/or property manager informing him or her of the problem and of what actions you intend to take.

You must do this even if the landlord already knows about the problem. VTI has a form letter you could use for this purpose. You should not forget to date the letter. It is preferable to send this letter by certified mail.Remember to make a copy of your letter and file it away where you can easily find it in the future.

If the landlord fails to make the repairs within a reasonable amount of time ("reasonable amount of time" will vary depending on the severity of the problem), you can:

«Begin withholding rent until the problem is fixed.

If you withhold rent it is best to put the rent into a separate account at a bank each time it is due.Wherever you keep the withheld rent money, it is very important not to spend it. You may need to prove to a court that you are withholding rent for a legal reason and not just because you could not or would not pay rent for some other reason.

« Terminate the rental agreement after giving the landlord a reasonable notice period.
« Get an order from a judge forcing the landlord to make the repairs.
« File a suit for damages and attorney's costs.

If you are considering either of the last two options in this list you should contact an attorney.
You can pursue more than one of the options listed above at the same time. Doing one of them does not prevent you from pursuing one or more of the other options.

NOTE: This document is intended to serve as a general guide to tenants and does not constitute a legal opinion or legal advice regarding any specific situation.

Vermont Tenants, Inc. is located at:294 North Winooski Avenue,Burlington, Vermont; 05401(802) 864-0099 or 1-800-287-7971

Mice causes house fire!

BURLINGTON -- Mice chewing through electrical wires inside a wall started a fire over the weekend that caused thousands of dollars of damage to a house on Overlake Park, Burlington Fire Department officials said.Burlington firefighters were called to the scene at 82 Overlake Park at about 2 a.m. Saturday after the homeowners smelled smoke and could feel intense heat coming through the second story floor.

Because the fire was inside the walls of the home, firefighters used thermal imaging cameras to pinpoint the flames that had already spread from the first and second floors into a third, said fire officials. Fire crews extinguished the blaze by breaking through walls on the first and second floors.The fire - caused by mice that had chewed through a 220 volt electric wire - had burned about two hours before residents smelled smoke, said Burlington Fire Department Assistant Fire Marshal Thomas Middleton.Middleton said the $700,000 home sustained about $80,000 in damages.