reglab/housing_qa huggingface dataset:
12 V.S.A. § 4811
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4811. When and for what maintainable

§ 4811. When and for what maintainable|When the plaintiff commences an action of ejectment, the defendant shall counterclaim for the value of the improvements made upon the land by him or her or by those under whom he or she claims, if he or she or his or her predecessors in title purchased the land recovered in the action, supposing the title to be good in fee at the time of the purchase, or if he or she or his or her predecessors in title took a lease of the land supposing that lease to convey the title and interest therein expressed at the time the lease was accepted. Recovery on the counterclaim shall be contingent on the plaintiff's recovery on the claim for ejectment. The increase in the value of the land in consequence of betterments so made shall be held to be the value of the betterments. (Amended 1971, No. 185 (Adj. Sess.), § 131, eff. March 29, 1972.)
12 V.S.A. § 4813
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4813. Proceedings in ejectment stayed; lands charged

§ 4813. Proceedings in ejectment stayed; lands charged|Final judgment shall not be entered upon the claim for ejectment until entry of final judgment on the counterclaim. The lands recovered by the plaintiff shall be held to respond to any judgment on the counterclaim for the defendant as if those lands had been attached on mesne process. (Amended 1971, No. 185 (Adj. Sess.), § 132, eff. March 29, 1972.)
12 V.S.A. § 4814
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4814. Improvements considered

§ 4814. Improvements considered|The damages in the action of ejectment arising from mesne profits shall be such only as are just and equitable, in view of improvements made upon the premises by the defendant or those under whom he or she claims.
12 V.S.A. § 4815
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4815. Execution to issue against land only

§ 4815. Execution to issue against land only|Execution on a judgment rendered on a counterclaim for betterments shall issue only against the land recovered in the action of ejectment, and not against the body or the other lands or the goods and chattels of the plaintiff in that action. (Amended 1971, No. 185 (Adj. Sess.), § 133, eff. March 29, 1972.)
12 V.S.A. § 4816
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4816. When execution or writ of possession may issue

§ 4816. When execution or writ of possession may issue|When the defendant recovers judgment on his or her counterclaim for betterments, execution shall not issue thereon until four months from its rendition. The writ of possession in the action of ejectment shall be further stayed for the same time, unless the plaintiff in the action pays to the defendant therein or to the clerk of the court to the use of the defendant the full amount of the judgment on the counterclaim for betterments. In that case, a writ of possession may immediately issue. (Amended 1971, No. 185 (Adj. Sess.), § 134, eff. March 29, 1972.)
12 V.S.A. § 4817
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4817. When entry was under contract

§ 4817. When entry was under contract|Sections 4811-4816 of this title relating to betterments shall not extend to a person who has entered on land under a contract made with the legal owner, unless it appears on trial of the counterclaim for betterments that the owner has not fulfilled the contract. (Amended 1971, No. 185 (Adj. Sess.), § 135, eff. March 29, 1972.)
12 V.S.A. § 4818
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4818. Remedy against voucher

§ 4818. Remedy against voucher|Sections 4811-4817 of this title shall not deprive a person of cause of action against his or her voucher, and the voucher may present evidence, in mitigation of damages, of the recovery of the defendant for betterments. (Amended 1971, No. 185 (Adj. Sess.), § 136, eff. March 29, 1972.)
12 V.S.A. § 4819
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4819. Dismissal by plaintiff

§ 4819. Dismissal by plaintiff|Further proceedings shall not be had on the counterclaim for betterments when the judgment is awarded to the plaintiff on his or her claim of title and he or she, within 30 days of the rendition of judgment, shall lodge with the clerk a warranty deed to the defendant of the lands so recovered and the plaintiff dismisses the action. (Amended 1971, No. 185 (Adj. Sess.), § 137, eff. March 29, 1972.)
12 V.S.A. § 4820
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4820. Valuation determined

§ 4820. Valuation determined|After such deed is so lodged, the court shall appoint a committee of three disinterested persons from the vicinity in which the land lies, who, on oath, shall ascertain what would then have been the value of such land if betterments had not been made thereon, and make and return a report thereof in writing to the clerk of the court within 30 days from the date of the determination of the matter.
12 V.S.A. § 4821
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4821. Value paid; no further proceedings

§ 4821. Value paid; no further proceedings|Further proceedings shall not be had on the judgment rendered in the action of ejectment, when the defendant pays to the plaintiff or to the clerk of the court for the use of the plaintiff or his or her legal representatives, the sum reported by the committee, with the costs of suit and after-proceedings, and the interest thereon, within four years from filing the deed as aforesaid, in four equal and annual payments of which the first shall be within one year from the time of filing the deed.
12 V.S.A. § 4822
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4822. Value not paid; writ to issue

§ 4822. Value not paid; writ to issue|When the defendant does not pay an installment of the sum so reported, with costs and interest from the date of the deed, such deed shall be returned to the plaintiff, and the writ of possession and execution for the costs shall issue accordingly.
12 V.S.A. § 4823
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4823. Rights of a representative

§ 4823. Rights of a representative|When either party dies pending the proceedings as to betterments, his or her executor or administrator may do, as to such proceedings for betterments, whatever the deceased party could have done had he or she been living. A conveyance by an executor or administrator, agreeably to this chapter, shall convey the title of the person whom he or she represents, to the land recovered.
12 V.S.A. § 4824
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4824. Previous limitations not to apply

§ 4824. Previous limitations not to apply|The provisions of this chapter relating to betterments shall extend to the cases therein provided for, as though acts of limitation or sections of such acts had not been passed.
12 V.S.A. § 4851
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4851. Issuance of process by Superior judge

§ 4851. Issuance of process by Superior judge|When the lessee of lands or tenements, either by parole or written lease, or a person holding under the lease, holds possession of the demised premises without right, after the termination of the lease by its own limitation or after breach of a stipulation contained in the lease by the lessee or a person holding under the lessee, the person entitled to the possession of the premises may have from the presiding judge of the Superior Court a writ to restore him or her to the possession thereof. (Amended 1971, No. 185 (Adj. Sess.), § 138, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 28, eff. April 9, 1974; 1989, No. 221 (Adj. Sess.), § 7, eff. Oct. 1, 1990.)
12 V.S.A. § 4852
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4852. Mode of process; declaration; trial by jury

§ 4852. Mode of process; declaration; trial by jury|The process may issue as a summons or writ of attachment, requiring the defendant to appear and answer to the complaint of the plaintiff which shall state that the defendant is in the possession of the lands or tenements in question (describing them), which the tenant holds unlawfully and against the right of the plaintiff. A copy of the rental agreement, if any, and any notice to terminate the defendant's tenancy shall be attached to the complaint. Either party shall have the right to a trial by jury. (Amended 1971, No. 185 (Adj. Sess.), § 139, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 29, eff. April 9, 1974; 1999, No. 115 (Adj. Sess.), § 9.)
12 V.S.A. § 4853
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4853. Service of process

§ 4853. Service of process|The process shall be served and notice given as in other civil actions. (Amended 1971, No. 185 (Adj. Sess.), § 140, eff. March 29, 1972; 1973, No. 249 (Adj. Sess.), § 30, eff. April 9, 1974.)
12 V.S.A. § 4853b
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4853b. Unlawful occupant; expedited hearing

§ 4853b. Unlawful occupant; expedited hearing|(a)(1) In an action for ejectment, the landlord, the landlord's agent, or the tenant may file a motion for a judgment that the plaintiff is entitled to immediate possession of the premises on the grounds that the defendant is a person that is occupying a dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2).  (2) The motion may be filed and served with the complaint or at any time after the complaint has been filed. The motion shall be accompanied by an affidavit setting forth particular facts in support of the motion and a copy of the lease agreement.   (b) A hearing on the motion shall be held any time after 10 days' notice to the parties.(c) At any time before the hearing, the defendant may oppose the motion pursuant to Rule 78(b) of the Vermont Rules of Civil Procedure by filing an affidavit, a signed written statement, or a memorandum in opposition to the motion. The affidavit, signed written statement, or memorandum shall set forth particular facts to show that a genuine dispute of fact exists in relation to the motion.(d)(1) If the defendant fails to appear for the hearing, or to file an affidavit, signed written statement, or memorandum in opposition to the plaintiff's motion, or has failed to file an answer in the time provided pursuant to Rule 12 of the Vermont Rules of Civil Procedure, the plaintiff shall be entitled to judgment by default for immediate possession of the premises.  (2) If the court finds that the defendant is a person that is occupying the dwelling unit without right or permission and the written rental agreement for the dwelling unit prohibits subleasing pursuant to 9 V.S.A. § 4456b(a)(2), the court shall grant the plaintiff's motion and issue judgment in favor of the plaintiff for immediate possession of the premises.   (e) If the court issues judgment in favor of the plaintiff pursuant to subsection (d) of this section, the court shall, on the date judgment is entered, issue a writ of possession directing the sheriff of the county in which the property or a portion thereof is located to serve the writ upon the defendant and, not sooner than five days after the writ is served, to put the plaintiff into possession.(f) At any time prior to the execution of the writ of possession, the defendant may file an affidavit, signed written statement, or a motion with the court setting forth facts demonstrating that the defendant is occupying the premises lawfully. The court shall treat an affidavit, signed written statement, or a motion filed under this subsection as a motion pursuant to Rule 59 or 60 of the Vermont Rules of Civil Procedure, as appropriate. (Added 2015, No. 126 (Adj. Sess.), § 5.)
12 V.S.A. § 4854
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4854. Judgment for plaintiff; writ of possession

§ 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 the sheriff of the county in which the property or a portion thereof is located 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.)
12 V.S.A. § 4854a
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4854a. Property of tenant remaining on premises after eviction

§ 4854a. Property of tenant remaining on premises after eviction|(a) A landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property:  (1) 15 days after a writ of possession is served pursuant to this chapter or upon the landlord being legally restored to possession of the dwelling unit or leased premises pursuant to this chapter, whichever is later; or (2) in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 40 days after a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title is served or upon the landlord being legally restored to possession of the leased premises by a writ of possession issued for failure to pay rent into court pursuant to subsection 4853a(h) of this title, whichever is later.   (b) Notwithstanding subsection (a) of this section, if the court stays the execution of a writ of possession issued pursuant to this chapter, then a landlord may dispose of any personal property remaining in a dwelling unit or leased premises without notice or liability to the tenant or owner of the personal property one day after the landlord is legally restored to possession of the dwelling unit or leased premises. (Added 2011, No. 137 (Adj. Sess.), § 11, eff. May 14, 2012; amended 2015, No. 9, § 1.)
12 V.S.A. § 4855
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4855. Close jail execution, when not to issue

§ 4855. Close jail execution, when not to issue|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.
12 V.S.A. § 4856
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 169 - Ejectment|§ 4856. Judgment for defendant; execution

§ 4856. Judgment for defendant; execution|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.)
12 V.S.A. § 4911
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4911. Entry or detainer with force; forcible entry prohibited

§ 4911. Entry or detainer with force; forcible entry prohibited|A person shall not make entry into lands, tenements, or other possessions, except where entry is given by law; and in such case, not with strong hand nor with multitude of people, but only in a peaceable manner. A person who violates a provision of this section shall be fined as hereinafter provided.
12 V.S.A. § 4912
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4912. Trial of forcible entry and detainer

§ 4912. Trial of forcible entry and detainer|A district judge may inquire by a jury against those who make unlawful and forcible entry into lands, tenements, or other possessions and with strong hand detain the same, and against those who, having made a lawful and peaceable entry into lands and tenements, unlawfully and by force hold the same. (Amended 1973, No. 249 (Adj. Sess.), § 31, eff. April 9, 1974.)
12 V.S.A. § 4913
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4913. Restitution

§ 4913. Restitution|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.)
12 V.S.A. § 4914
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4914. Complaint and warrant

§ 4914. Complaint and warrant|When a complaint is formally made in writing, to a district judge of such unlawful or forcible entry or detainer, he or she shall issue a warrant returnable within such county not less than six business days thereafter, which shall be directed to the sheriff, commanding such officer to apprehend the person against whom such complaint is made and bring him or her before the district judge having jurisdiction. (Amended 1973, No. 249 (Adj. Sess.), § 33, eff. April 9, 1974; 2017, No. 11, § 20.)
12 V.S.A. § 4916
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4916. Verdict of guilty, restitution ordered when; fine

§ 4916. Verdict of guilty, restitution ordered when; fine|When the jury finds the person against whom the complaint is made guilty of such forcible entry or detainer, the district judge shall enter up judgment for the complainant to have restitution of the premises, and impose such fine, not exceeding $10.00, as he or she thinks just. The judge shall tax costs for the complainant, and may commit the person against whom the judgment is rendered until the fine and costs are paid, and shall also award his or her writ of restitution. (Amended 1973, No. 249 (Adj. Sess.), § 34, eff. April 9, 1974.)
12 V.S.A. § 4917
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4917. Costs; verdict guilty

§ 4917. Costs; verdict guilty|In his or her writ of restitution, the district judge may order the costs taxed to be levied. (Amended 1973, No. 249 (Adj. Sess.), § 35, eff. April 9, 1974.)
12 V.S.A. § 4918
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4918. Costs; verdict not guilty

§ 4918. Costs; verdict not guilty|When the jury finds that the person complained against is not guilty, the district judge shall tax costs against the complainant, and issue execution accordingly. Costs shall not be taxed against such complainant when the party complained against does not appear at the trial. (Amended 1973, No. 249 (Adj. Sess.), § 36, eff. April 9, 1974.)
12 V.S.A. § 4919
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4919. Proceedings when respondent cannot be found

§ 4919. Proceedings when respondent cannot be found|When the sheriff or his or her deputy cannot find the party against whom the warrant is issued, six business days before the time appointed for returning the same, he or she may leave a true and attested copy thereof at the usual place of abode of such person. If, at the return of the warrant, he or she cannot find or apprehend the person against whom it issued, he or she shall make a return of such fact of the time he or she so left a copy. If the party complained against does not appear at the time appointed for trial, a district judge, in his or her discretion, may adjourn or proceed with the case, but shall not impose a fine at such hearing. (Amended 1973, No. 249 (Adj. Sess.), § 37, eff. April 9, 1974; 2017, No. 11, § 21.)
12 V.S.A. § 4920
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4920. Trespass for treble damages

§ 4920. Trespass for treble damages|The complainant in an action for forcible entry and detainer, who recovers against the person complained of, may recover treble damages, with costs of suit, by an action for trespass against the offender.
12 V.S.A. § 4921
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4921. Entry or detainer without force- complaint; trial; writ of restitution

§ 4921. Entry or detainer without force- complaint; trial; writ of restitution|When a person wrongfully and without force obtains or continues in possession of lands or tenements, and does not quit such possession after demand made in writing for the delivery of the possession thereof by the person entitled to such possession or his or her agent or attorney, upon complaint thereof in writing to a district judge, the judge shall hear and determine the same as in cases of forcible entry and detainer, and issue a writ of restitution accordingly. (Amended 1973, No. 249 (Adj. Sess.), § 38, eff. April 9, 1974.)
12 V.S.A. § 4922
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4922. Mode of original process; no fine

§ 4922. Mode of original process; no fine|As in civil causes, the original process in such proceeding shall be by summons or attachment, and the person complained against shall not be fined.
12 V.S.A. § 4923
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4923. Action of trespass to recover damages

§ 4923. Action of trespass to recover damages|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.
12 V.S.A. § 4924
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4924. Exceptions

§ 4924. Exceptions|Section 4921 of this title shall not apply where a person, with or without force, holds over lands or tenements after the determination of the time for which the same were leased or demised, by a written lease or agreement accepted by the tenant or to a person holding under the lessee.
12 V.S.A. § 4926
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 171 - Entry or Detainer|§ 4926. Limitation of action

§ 4926. Limitation of action|An action shall not be maintained under this chapter against a person who has continued in possession three years after the determination of the time for which the premises are demised or let to him or her or those under whom he or she claims, or against a person who for three years has had continuous, uninterrupted, and peaceable possession of lands, tenements, or other possessions.