12 V.S.A. § ___ § 4913
Restitution
Operative Text
When it is found upon such inquiry that an unlawful and forcible entry has been made, and that such lands, tenements, or other possessions are held and detained by force and strong hand or that the same, after a lawful entry, are held unlawfully and with force, the judge shall cause the party complaining to have restitution thereof. (Amended 1973, No. 249 (Adj. Sess.), § 32, eff. April 9, 1974.)
Under 12 V.S.A. ch. 171 § 4913, when a court finds that property was entered unlawfully and forcibly, or that a person who entered lawfully is now holding the property by force without legal right, the judge is required to order that possession of the property be returned to the complaining party. This provision applies to lands, tenements, and other possessions. The remedy of restitution is mandatory once the unlawful or forcible holding is established.
Plain English — not legal advice.
Under 12 V.S.A. ch. 171 § 4913, property owners and managers should understand that retaining possession of a property through force or unlawful means after any entry—whether the original entry was lawful or not—can result in a court ordering restitution of that property to the complaining party. Compliant operators generally rely on formal legal processes, such as eviction proceedings, rather than self-help or force to resolve possession disputes. Maintaining clear records of lawful entry and proper legal authority to occupy or manage a property is a standard practice in avoiding claims under this provision.
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 § 4913, tenants who have been forcibly or unlawfully displaced from their home may have the right to seek a court order requiring restitution of their possession. If a landlord or other party is holding a property by force or without legal right, a tenant may raise this provision before a judge to seek the return of that property. Tenant-rights organizations in Vermont can help individuals understand the general process for pursuing a restitution claim under this chapter.
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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