§4462. Abandonment; unclaimed property

Link to law: http://legislature.vermont.gov/statutes/section/09/137/04462
Published: 2015

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The Vermont Statutes Online



Commerce and Trade






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;


(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.)