12 V.S.A. § ___ § 4923
Action of trespass to recover damages
Operative Text
The complainant who recovers against the person complained of in an action of entry and detainer commenced under the provisions of section 4921 of this title may recover treble damages from the time of notice given to quit the premises. Up to the time of such notice, actual damages only are recoverable in an action for trespass against the offender.
Under 12 V.S.A. ch. 171 § 4923, Vermont law creates a two-part damages framework tied to a notice to quit. Before a notice to quit is served, a party who has been wrongfully kept out of property may recover only actual damages in a trespass action. Once that notice has been given, a successful complainant in an entry-and-detainer action may recover treble damages—meaning up to three times the actual harm suffered—for the period following the notice.
Plain English — not legal advice.
Section 4923 of Title 12 signals that the financial stakes of an unlawful-occupancy dispute rise sharply once a notice to quit has been delivered. Property owners and managers who pursue an entry-and-detainer action under § 4921 should be aware that a court finding in the complainant's favor can result in a treble-damages award covering the post-notice period. Maintaining clear, documented records of when any notice to quit was served is therefore a standard practice for operators navigating these proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 12 V.S.A. ch. 171 § 4923, a tenant who is a respondent in an entry-and-detainer action should understand that the damages a prevailing complainant may seek can be multiplied up to three times for any period after a notice to quit was issued. Tenants facing such proceedings may wish to review the timing and validity of any notice they received, as this directly affects the damages calculation. Consulting a tenant-rights organization or legal aid provider familiar with Vermont landlord-tenant law can help clarify what options may be available in response to an entry-and-detainer action brought under § 4921.
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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Rules and statutes that cite this regulation