12 V.S.A. § ___ § 4855
Close jail execution, when not to issue
Operative Text
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.
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.
Plain English — not legal advice.
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.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation