A cable company has billed me too much after I discontinued with them?

Landlord question: Handling left over LP in tank?

• I am a landlord in Vermont. One of my tenants in a rental house has a signed month to month tenancy agreement (with no expiry date). The language of the rental agreement states: Utilities and Other Charges 17. The Landlord is responsible for the payment of the following utilities and other charges in relation to the Premises: water, sewer, telephone, internet and cable. Water: Dug well. Sewer: 1000 gallon concrete. Telephone / Internet / Cable – Comcast. 18. The Tenant is responsible for the payment of the following utilities and other charges in relation to the Premises: electricity, LP. Electricity: CVPS. LP: Proctor Gas 19. The occupant(s) shall :  Keep the LP gas level above minimum. If the tank gets low enough for the need to arise of the furnace to be restarted or a leak check done by law with the gas company, the occupant(s) will be responsible for any such fees I was the previous occupant and my tenants never switched the utilities into their name. When I left, there was 1/4 tank of LP and a $200 credit on my account (which I allowed the tenant to use towards their next tank of gas, in writing). I am giving my tenants notice to terminate tenancy (as per our month to month lease) as I intend to move back in. I am giving them written notice as of may 30th that their tenancy is over on June 30th, 2011. However, since utilities are billed in arrears - how should I handle what is in the LP tank? (The electric is handled, the company will come out and read the meter the day after they move out, and issue a "final bill"). There is no provision in the lease that the tank must be returned with the same amount in it as when rented, nor is there any recorded evidence (except my own personal notices) on how much there was in the tank. How should I handle what is left in the tank? I have not been able to locate any legal guidance on the subject and would like to know how to word this in my notice to terminate tenancy. Much thanks.

• Answer:

  I'm no lawyer but from reading the above, they have an obligation to keep it above the minimum level and no more. As you left quarter of a tank for them and didn't make any arrangements about what happened at the end of the tenancy, it looks like they'd be perfectly entitled to use it and not replace it.