Can I require my tenant to pay rent after abandoning the lease?

Full question:

My tenant abandoned the rental premises in Vermont, six months before the expiry of the lease, claiming he is not liable to pay rent for those six months. Can I ask the tenant to pay rent for the entire term of the lease (including the six months that he did not stay in the house)?

Answer:

Yes, you can ask your tenant to pay rent for the six months they did not occupy the premises, provided you did not lease it to someone else during that time. According to Vermont law, if a tenant abandons a rental unit, they remain liable for rent until the lease expires. However, if you rent the unit to a new tenant before the lease ends, the original lease terminates on the start date of the new tenancy. This is outlined in 9 V.S.A. § 4462, which states that a tenant is considered to have abandoned a unit if: (1) it appears unoccupied, (2) rent is overdue, and (3) the landlord has made reasonable efforts to understand the tenant's intentions. If abandonment occurs, the tenant is liable for rent until the lease ends, unless a new tenant is found.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Vermont, a tenant may be considered to have abandoned a rental unit if they are absent for a significant period, typically when the unit appears unoccupied, rent is overdue, and the landlord has made reasonable efforts to determine the tenant's intentions. While there is no specific time frame defined by law, a tenant's absence of several weeks, along with these conditions, can lead to a presumption of abandonment.