Bill As Introduced H.660

BILL AS INTRODUCED H.660

2008 Page 2

H.660

Introduced by Representatives Livingston of Manchester, Bissonnette of Winooski, Botzow of Pownal, Consejo of Sheldon, Donahue of Northfield, Komline of Dorset, Larrabee of Danville and Marcotte of Coventry

Referred to Committee on

Date:

Subject: Housing; landlord and tenant; evictions; collection of unpaid rent; abandoned property of tenant

Statement of purpose: This bill proposes to facilitate evictions, collection of unpaid rent, and the disposal by the landlord of personal property abandoned by the tenant after vacating the rental property.

AN ACT RELATING TO EVICTIONS, COLLECTION OF UNPAID RENT, AND DISPOSAL OF ABANDONED PERSONAL PROPERTY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 9 V.S.A. § 4451(1) is amended to read:

(1) "Actual notice" means written notice hand-delivered or mailed to the last known address. The sending party does not have to prove receipt of the notice.

Sec. 2. 9 V.S.A. § 4461(c) is amended to read:

(c) A landlord shall return the security deposit to a tenant within 14 30 days from the date on which the tenant vacated or abandoned the dwelling unit, provided the tenant notifies the landlord of the date of vacating, otherwise 30 days from the date the landlord discovers the dwelling unit is vacant. The landlord shall return the security deposit along with a written statement itemizing any deductions. In the case of the seasonal occupancy and rental of a dwelling unit not intended as a primary residence, the security deposit and written statement shall be returned within 60 days.

Sec. 3. 9 V.S.A. § 4462(d) is added to read:

(d) Any personal property remaining in the dwelling unit or leased premises may be disposed of by the landlord without notice or liability to the tenant or owner of the personal property, provided that:

(1) A writ of possession has been served and executed in an ejectment action pursuant to chapter 169 of Title 12.

(2) The tenant has provided actual notice to the landlord that the tenant has vacated the dwelling unit or leased premises.

(3) The tenant has vacated the dwelling unit or leased premises with the knowledge of the landlord or at the end of the rental agreement.

Sec. 4. 9 V.S.A. § 4467 is amended to read:

§ 4467. TERMINATION OF TENANCY; NOTICE

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(e) Termination by landlord under terms of written rental agreement. If the landlord terminates a tenancy in accordance with the terms of there is a written rental agreement, the notice to terminate shall be at least 30 days, if rent is payable on a monthly basis and the tenancy has continued for two years or less. The notice to terminate for no cause shall be at least 60 days if the rent is paid on a monthly basis and the tenancy has continued for more than two years. The notice to terminate shall be at least seven days, if rent is payable on a weekly basis; however, a notice to terminate for nonpayment of rent shall be as provided in subsection (a) of this section.

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(i) All notices authorized by this section shall be valid and binding on the tenant and shall be a basis on which to commence and maintain an action for possession pursuant to this chapter, chapter 169 of Title 12, and chapter 153 of Title 10, notwithstanding that the notices may be based on different or inconsistent grounds or dates of termination or the sequence of notices sent in.

Sec. 5. 10 V.S.A. § 6204(c) is amended to read:

(c) To the extent that they are consistent with this chapter, the provisions of chapter 137 of Title 9 (residential rental agreements) and the provisions of subchapter 3 of chapter 169 of Title 12 (eviction) shall apply to the occupancy and rental of a mobile home but not to the rental of a mobile home lot, except the rental of a mobile home lot shall be subject to the rent escrow provisions of chapter 169 of Title 12.

Sec. 6. 12 V.S.A. § 4853a(a) and (d) are amended to read:

(a) In any action against a tenant for possession brought in accordance with chapter 137 of Title 9 or, chapter 153 of Title 10, or chapter 169 of Title 12, the landlord may file a motion for an order that the tenant pay rent into court. The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by affidavit setting forth particular facts in support of the motion.

(d) If the court finds the tenant is obligated to pay rent and has failed to do so, the court shall order full or partial payment into court of rent as it accrues while the proceeding is pending and prorated rent for the month in which the hearing is held commencing from the date the landlord gave notice to quit pursuant to this chapter, chapter 137 of Title 9, or chapter 153 of Title 10.