Vermont Statutes Title 9 Sec. 4462
Terms Used In Vermont Statutes Title 9 Sec. 4462
- Actual notice: means receipt of written notice hand-delivered or mailed to the last known address. See
- Dwelling unit: means a building or the part of a building that is used as a home, residence, or sleeping place by one or more persons who maintain a household. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Landlord: means the owner, lessor, or where applicable, the sublessor of a residential dwelling unit or the building of which it is a part. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Personal property: All property that is not real property.
- Premises: means a dwelling unit, its appurtenances and the building, and the grounds, areas, and facilities held out for the use of tenants generally or whose use is promised to the tenant. See
- Rent: means all consideration to be made to or for the benefit of the landlord under the rental agreement, not including security deposits. See
- Rental agreement: means all agreements, written or oral, embodying terms and conditions concerning the use and occupancy of a dwelling unit and premises. See
- Tenant: means a person entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others. See
§ 4462. Abandonment; unclaimed property
(a) A tenant has abandoned a dwelling unit if:
(1) there are circumstances that would lead a reasonable person to believe that the dwelling unit is no longer occupied as a full-time residence;
(2) rent is not current; and
(3) the landlord has made reasonable efforts to ascertain the tenant’s intentions.
(b) If the tenant abandons the dwelling unit, the tenant shall remain liable for rent until the expiration of the rental agreement. However, if the landlord rents the dwelling unit before the expiration of the rental agreement, the agreement terminates on the date of the new tenancy.
(c)(1) If any property, except trash, garbage, or refuse, is unclaimed by a tenant who has abandoned a dwelling unit, the landlord shall give written notice to the tenant mailed to the tenant’s last known address that the landlord intends to dispose of the property after 60 days if the tenant has not claimed the property and paid any reasonable storage and other fees incurred by the landlord. The landlord shall place the property in a safe, dry, secured location, but may dispose of any trash, garbage, or refuse left by the tenant. The tenant may claim the property by providing the landlord with the following within 60 days after the date of the notice:
(A) a reasonable written description of the property; and
(B) payment of the fair and reasonable cost of storage and any related reasonable expenses incurred by the landlord.
(2) If the tenant does not claim the property within the required time, the property shall become the property of the landlord. If the tenant claims the property within the required time, the landlord shall immediately make the property available to the tenant at a reasonable place and the tenant shall take possession of the property at that time and place.
(d) Any personal property remaining in the dwelling unit or leased premises after the tenant has vacated may be disposed of by the landlord without notice or liability to the tenant or owner of the personal property, provided that one of the following has occurred:
(1) The tenant provided actual notice to the landlord that the tenant has vacated the dwelling unit or leased premises.
(2) The tenant has vacated the dwelling unit or leased premises at the end of the rental agreement. (Added 1985, No. 175 (Adj. Sess.), § 1; amended 1999, No. 115 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 46.)