Vermont abandoned property law: three tests for abandonment and a 60 day claim window
9 V.S.A. 4462 sets a three-part test for abandonment and then a mailed notice that gives the tenant 60 days to claim stored belongings. Property that stays unclaimed becomes the landlord's, which is simpler than the sale rules in many states.
How does Vermont define abandonment?
Subsection (a) requires all three of these: 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 learn the tenant's intentions. A quiet unit with unpaid rent is not enough alone. You must have tried to ask the tenant.
If the tenant abandons, subsection (b) keeps the tenant liable for rent until the rental agreement expires, but if you rent the unit before then, the agreement ends on the date of the new tenancy.
What notice and storage does the law require?
Under subsection (c)(1), for property other than trash, garbage or refuse, you give the tenant written notice mailed to the last known address. It must say you intend to dispose of the property after 60 days if the tenant has not claimed it and paid reasonable storage and other fees. You must place the property in a safe, dry, secured location, though you may dispose of trash, garbage or refuse the tenant left.
To claim the property within 60 days after the date of the notice, the tenant provides a reasonable written description of the property and pays the fair and reasonable cost of storage and related reasonable expenses.
Example a made-up landlord mails the notice on February 1. The tenant has until about April 2 (60 days) to send a description of a couch and a desk and pay $75 of fair storage cost. If the tenant does so, the landlord immediately makes the items available at a reasonable place.
What happens when no one claims it?
If the tenant does not claim the property within the required time, subsection (c)(2) says it becomes the landlord's property. That differs sharply from states that require a sale and an accounting. There is no sale step, no surplus to remit and no public notice in the section I read. If the tenant does claim in time, the landlord must immediately make the property available at a reasonable place and the tenant takes possession at that time and place.
When can you skip the notice?
Subsection (d) allows disposal without notice or liability to the tenant or the owner of the property when the tenant has vacated and either gave actual notice to the landlord that they have vacated, or vacated at the end of the rental agreement. This is a clean-move-out exception, so a tenant who tells you they are gone in an email or text creates a record you can rely on.
A practical Vermont routine
Start by documenting your efforts to learn the tenant's intentions: calls, texts and a letter to the last known address, each dated. Photograph the unit showing why a reasonable person would think it is empty. Separate trash, garbage and refuse, which you may discard, from belongings with value, which you store dry and secured. Mail the 60 day notice, keep the proof and put the end date on your calendar. If the tenant answers with a description and payment, release the items promptly at a reasonable place, and write down when and where.
DoorKeeping and the 60 day window
DoorKeeping stores the tenant's move-out message, the efforts you made to learn their intentions and the notice with its proof of mailing on one file. It shows the 60 day end date on your list and drafts the notice for you to review before it goes out. This is general information, not legal advice. Check the current statute or ask a local attorney before you act.
Sources
Questions
- How long does a Vermont tenant have to claim property?
- 60 days after the date of the landlord's mailed notice, by giving a written description and paying fair storage costs and related reasonable expenses.
- Who owns unclaimed property in Vermont?
- If the tenant does not claim it in time, it becomes the property of the landlord.
- When can a Vermont landlord dispose of items without notice?
- When the tenant gave actual notice of vacating, or vacated at the end of the rental agreement.