12 V.S.A. § ___ § 4856
Judgment for defendant; execution
Operative Text
When the plaintiff’s complaint is dismissed or he or she does not prove his or her right to the possession, the defendant shall have judgment for his or her costs, and execution therefor. (Amended 1971, No. 185 (Adj. Sess.), § 141, eff. March 29, 1972.)
Under 12 V.S.A. ch. 169 § 4856, when a landlord (the plaintiff) brings a possession action and either the complaint is dismissed or the landlord fails to establish a legal right to possession, the court must enter judgment in favor of the tenant (the defendant). That judgment includes an award of court costs, and the tenant may obtain a writ of execution to collect those costs. The provision establishes a clear procedural outcome when the landlord does not prevail.
Plain English — not legal advice.
Under 12 V.S.A. ch. 169 § 4856, a landlord who initiates an eviction or possession proceeding and does not successfully prove the right to possession—or whose complaint is dismissed—will face a judgment against them that includes the tenant's court costs. Compliant operators generally ensure that any possession action is well-supported by facts and law before filing, since an unsuccessful case carries a cost-award consequence. Keeping thorough documentation and understanding the legal grounds for a possession claim are practices associated with responsible property management.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 4856 of 12 V.S.A. ch. 169 provides that if a landlord's possession complaint against you is dismissed or the landlord fails to prove the right to possession, you are entitled to a judgment in your favor along with an award of your court costs. Tenants in this situation may pursue execution on that judgment to recover those costs. Consulting a tenant-rights organization or legal aid provider can help you understand how this outcome applies to a particular proceeding.
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.
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