The issues described by Mr. Chagnon during oral argument require resolution on
remand, based on the evidence considered at that time. For the purpose of the remand, the
Court clarifies notice requirements in terminating a tenancy, as well as the elements of
voluntary relinquishment of possession. Under 9 V.S.A. § 4456(d), a tenant can terminate a
month-to-month tenancy by giving one month’s notice. See Holl v. Ballard, No. 260-6-03 Wrcv,
2003 WL 25652481 (Vt. Super. Ct. Nov. 2003) (Teachout, J.) available at
https://www.vermontjudiciary.org/TCDecisionCvl/2005-7-1-9.pdf. Alternatively, the tenant
may surrender possession if the landlord accepts. See id. (citing Abbadessa v. Tegu, 120 Vt. 352
(1958)). Where the tenant changed the locks, the tenant must provide a key to the landlord to
surrender possession. See id. Additionally, the fourteen day period to return a security deposit
starts to run once the landlord knows the tenant vacated the property, after either a proper
termination of tenancy or relinquishment of possession. See 9 V.S.A. § 4461(c).