Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 4854 (2026)

✓ current as of May 2026

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Subchapter 003 : SUPERIOR COURT EJECTMENT

(Cite as: 12 V.S.A. § 4854)

§ 4854. Judgment for plaintiff; writ of possession

If the court finds that the plaintiff is entitled to possession of the premises, the plaintiff shall have judgment for possession and rents due, damages, and costs, and when a written rental agreement so provides, the court may award reasonable attorney’s fees. A writ of possession shall issue on the date judgment is entered, unless the court for good cause orders a stay. The writ shall direct any sheriff to serve the writ upon the defendant and, not earlier than 14 days after the writ is served, to put the plaintiff into possession. (Amended 1979, No. 2, § 1, eff. Feb. 14, 1979; 1985, No. 175 (Adj. Sess.), § 2; 1999, No. 115 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), § 52; 2017, No. 11, § 19; 2025, No. 13, § 1, eff. May 5, 2025.)

Notes of Decisions

Cited in 25 cases (18 in the last 5 years), 1996–2026 · leading case: Mongeon Bay Props., LLC v. Mallets Bay Homeowner's Assn., Inc. & Anthony J. Sineni III, 168 A.3d 463 (Vt. 2017).

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Mongeon Bay Props., LLC v. Mallets Bay Homeowner's Assn., Inc. & Anthony J. Sineni III, 168 A.3d 463 (Vt. 2017). · cites it 14× “” The Association argued that there was good cause for the court to stay the writ until 2036, when the lease was set to expire.”

Brattleboro Hous. Auth. v. Parker (In Re Parker), 269 B.R. 522 (D. Vt. 2001). · cites it 5× “Vt. Stat. Ann. tit. 12, § 4854 (Lexis Supp.”

White v. Farris, 2021 NMCA 014 (N.M. Ct. App. 2021). “0061 (d) (West 2015); Vt. Stat. Ann. tit. 12, § 4854 (a) (West 2015); Wash.”

Andrus v. Dunbar, 2005 VT 48 (Vt. 2005). “Further, the damages action is derivative of the ejectment action, see 12 V.S.A. § 4854 (“If the court finds that the plaintiff is entitled to possession of the premises the plaintiff shall have judgment for possession and rents due.”

Couture v. Burlington Hous. Auth. (In Re Couture), 225 B.R. 58 (D. Vt. 1998). “(citing 12 V.S.A. § 4854). The Court finds that the Bankruptcy Court erred in finding that the parties’ settlement agreement terminated the Coutures’ lease, leaving them only with a right to reinstate the lease when the back rent that they owed was fully paid.”

Tucker v. Bushway, 689 A.2d 426 (Vt. 1996). “See 12 VS.A. § 4854. Once the landlord obtains a writ of possession, it would be irrational to allow the tenant to regain entry to the property.”

In Re Couture, 202 B.R. 837 (Bankr. D. Vt. 1996). “12 V.S.A. § 4854. Debtors’ statutory right to cure their default for nonpayment of rent was finally ended, along with their tenancy, when the Chittenden Superior Court “so-ordered” the Settlement Agreement.”

In Re Stoltz, 220 B.R. 552 (Bankr. D. Vt. 1998). “12 V.S.A. § 4854. If the court finds the landlord entitled to possession, a writ of possession will be issued.”

Seventy Four South Main v. Dunbar (Vt. Super. Ct. 2026). · cites it 4× “The Court conducted a previously scheduled status conference in this matter on April 20, 2026.”

Stacy v. Douglas (Vt. Super. Ct. 2025). · cites it 3× “Under 12 V.S.A. § 4854, if a landlord demonstrates that he is entitled regain possession, then the Court shall issue judgment for possession.”

McDonagh v. Renzello (Vt. Super. Ct. 2026). · cites it 3× “Defendant Renzello opposes this motion, but the bulk of his opposition is focused on re-litigating some of the prior ownership issues and on the question of unjust enrichment.”

Bapa Keshav Jay v. Ham (Vt. Super. Ct. 2026). · cites it 3× “In the case of an ejectment action, like the present one, the Vermont Supreme Court has instructed the trial court to consider an application for a stay of a writ of possession under 12 V.S.A. § 4854, which permits the trial court to exercise its discretion and to stay a writ of…”

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