12 V.S.A. § ___ § 4855

Close jail execution, when not to issue

In Force
Verified 10/18/2026 · Next check 11/17/2026
effective 10/18/2026VermontEviction & Just Cause

Operative Text

12 V.S.A. § ___ § 4855
When such judgment includes rent for the use of leased premises prior to the giving of notice to quit, the court shall not certify on an execution issued thereon that the cause of action arose from the willful and malicious act and neglect of the defendant, and that the defendant ought to be confined in close jail.
Source: Legislative text reproduced verbatim
Plain English

Vermont law under 12 V.S.A. ch. 169 § 4855 limits a court's authority to order close-jail confinement in connection with certain eviction-related judgments. Specifically, when a judgment covers rent owed for a period before a notice to quit was given, the court is prohibited from certifying on the execution that the defendant's conduct was willful and malicious—a certification that would otherwise allow the defendant to be confined in close jail. This provision carves out a protection against the harshest form of civil enforcement in cases rooted in pre-notice rent arrears.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under 12 V.S.A. ch. 169 § 4855, landlords and property managers should understand that a money judgment covering rent accrued before a notice to quit was served carries a built-in limitation: the court cannot certify that the tenant's conduct was willful and malicious for purposes of close-jail execution. Compliant operators generally keep clear records distinguishing rent owed before and after a notice to quit is issued, as this distinction directly affects what remedies a court may authorize. Knowing this boundary helps operators set realistic expectations about the enforcement tools available when pursuing pre-notice rent arrears.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 4855 of 12 V.S.A. ch. 169 provides tenants with a meaningful protection: if a judgment against them covers rent that came due before a notice to quit was delivered, the court is barred from certifying the execution in a way that would subject them to close-jail confinement. Tenants who believe this protection applies to their situation may raise it as a defense or objection during court proceedings. Tenant-rights organizations and legal aid offices in Vermont can help individuals understand how this provision may interact with their particular circumstances.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 18, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

12 V.S.A. § 4761
12 V.S.A. § 4853a

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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Fetched:Oct 18, 2026, 09:45 PM UTC