Vermont Abandoned Tenant Property Notice

Introduction

Key Things to Know

1. 1

   Vermont's abandoned property notice is the written notice 9 V.S.A. 4462(c)(1) requires a landlord to mail to a tenant who abandoned a dwelling unit, saying the landlord intends to dispose of the unclaimed property after 60 days unless the tenant claims it and pays reasonable storage and other fees. There is no printed form; that statement, mailed to the tenant's last known address, is the content the statute prescribes.

2. 2

   Abandonment has three parts under Section 4462(a): circumstances that would lead a reasonable person to believe the unit is no longer occupied as a full-time residence, rent that is not current, and reasonable efforts by the landlord to ascertain the tenant's intentions. The third is an obligation on the landlord before relying on the section, so keep a record of the calls, letters or messages used to reach the tenant.

3. 3

   The claim window runs 60 days after the date of the notice. Within it, the tenant claims by giving the landlord a reasonable written description of the property and paying the fair and reasonable cost of storage and any related reasonable expenses. Once a timely claim is made, Section 4462(c)(2) says the landlord shall immediately make the property available at a reasonable place, and the tenant takes possession then.

4. 4

   While the window runs, the property must be kept in a safe, dry, secured location. The statute lets the landlord dispose of trash, garbage or refuse left by the tenant, and the notice requirement itself excludes trash, garbage and refuse from the property it covers. Everything else waits the full 60 days.

5. 5

   If the tenant does not claim the property in time, Section 4462(c)(2) says it becomes the property of the landlord. The section sets no dollar threshold and no public sale or advertising step, and it has no rule about sale proceeds, because title passes to the landlord instead.

6. 6

   Section 4462(d) is the exception to the notice. Personal property remaining after the tenant has vacated may be disposed of without notice or liability if the tenant gave the landlord actual notice of having vacated, or vacated at the end of the rental agreement. The 60-day notice is for the abandonment case, where the tenant simply disappeared with rent behind.

7. 7

   Goods left after a court-ordered return of possession follow 12 V.S.A. 4854a: disposal without notice 15 days after a writ of possession is served or the landlord is legally restored to possession, whichever is later; 40 days in a 10 V.S.A. chapter 153 case on a writ for failure to pay rent into court; and one day after restoration where the court stayed execution of the writ. Check the current text of both sections before relying on any period here.

Vermont Requirements for Abandoned Tenant Property Notice

• The Three Abandonment Conditions in Section 4462(a)

  Record the circumstances showing the unit is no longer a full-time residence, the rent that is not current, and the reasonable efforts you made to ascertain the tenant's intentions. All three are required before the 60-day notice route applies.

• Whether the No-Notice Exception in Section 4462(d) Applies

  Under Section 4462(d), remaining property may be disposed of without notice or liability only after the tenant gave actual notice of vacating, or vacated at the end of the rental agreement. Keep the tenant's message or the lease end date as the record.

• A Safe, Dry, Secured Storage Location

  Section 4462(c)(1) requires the landlord to place the property in a safe, dry, secured location. Note the address and the actual storage cost, which is what the tenant may be asked to pay. Trash, garbage and refuse may be disposed of.

• The Statement of Intent to Dispose After 60 Days

  The notice must say the landlord intends to dispose of the property after 60 days if the tenant has not claimed it and paid any reasonable storage and other fees incurred by the landlord. Date the notice, since the 60 days run from that date.

• How the Tenant Claims the Property

  Tell the tenant the two claim requirements in Section 4462(c)(1)(A) and (B): a reasonable written description of the property, and payment of the fair and reasonable cost of storage and related reasonable expenses, within 60 days after the date of the notice.

• Mailing to the Last Known Address

  Mail the notice to the tenant's last known address, the method the statute names, and keep proof of the mailing date. Other channels may be used in addition, but the statute's notice is the mailed one.

• Immediate Release on a Timely Claim

  When a claim with a written description and payment arrives within the 60 days, Section 4462(c)(2) requires the landlord to make the property available immediately at a reasonable place. Record the date and place of release.

• The Record That the 60 Days Ran Without a Claim

  If no claim is made in time, the property becomes the landlord's under Section 4462(c)(2). Keep the notice, proof of mailing and the date the 60 days ended. Goods left after a writ follow 12 V.S.A. 4854a instead.