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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
137
:
RESIDENTIAL RENTAL AGREEMENTS
§
4462. Abandonment; unclaimed property
(a) A tenant has
abandoned a dwelling unit if:
(1) there are
circumstances which 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.)