Vermont § 4853a - Payment of rent into court; expedited hearing [Subsection

§ 4853a. Payment of rent into court; expedited hearing [Subsection

• (a) as amended by 2007, Act No. 125 (Adj. Sess.), § 1.] (a) In any action against a tenant for possession, the landlord may file a motion for
  an order that the tenant pay rent into court. 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 affidavit setting forth particular facts in support of the motion. [Subsection (a) as amended by 2007, Act No. 176 (Adj. Sess.), § 51.] (a) In any action against a tenant for possession brought in accordance with this chapter,
  9 V.S.A. chapter 137, 10 V.S.A. chapter 153, or 11 V.S.A. chapter 14, the landlord may file a motion for an
  order that the tenant pay rent into court. 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 affidavit setting forth particular facts in support of the motion. (b) A hearing on the motion shall be held any time after 14 days’ notice to the parties.
  If the tenant appears at the hearing and has not been previously defaulted, the court
  shall not enter judgment by default unless the tenant fails to file a written answer
  within 14 days after the hearing. Any rent escrow order shall remain in effect notwithstanding
  the issuance of a default judgment but shall cease upon execution of a writ of possession. (c) Any memorandum in opposition filed by the defendant pursuant to Rule (7)(b)(6) of
  the Vermont Rules of Civil Procedure shall be accompanied by affidavit setting forth
  particular facts in support of the memorandum. (d) If the court finds the tenant is obligated to pay rent and has failed to do so, the
  court shall order full or partial payment into court of rent as it accrues while the
  proceeding is pending and rent accrued from the date of filing with the court the
  complaint for ejectment or the date the summons and complaint for ejectment were served
  on the tenant pursuant to Rule 3 of the Vermont Rules of Civil Procedure, whichever
  occurs first. (e) All funds paid into court shall be made payable to the court clerk by money order,
  certified check, cash, or any other means that guarantees the availability of the
  funds for distribution after a hearing on the merits. The funds shall be distributed
  forthwith in accordance with the final order from the trial court. (f) The landlord may at any time by motion apply to the court for disbursement of all
  or part of the funds paid into court. The motion for disbursement shall be accompanied
  by affidavit setting forth particular facts in its support. If the court finds that
  the landlord is in actual danger of loss of the premises or other personal hardship
  resulting from the loss of rental income, it may award all or any portion of the funds
  under deposit to the landlord. (g) The tenant may at any time by motion apply to the court to reduce the amount ordered
  to be paid into court under this section. The motion for reduction shall be accompanied
  by affidavit setting forth particular facts in its support. (h) If the tenant fails to pay rent into court in the amount and on the dates ordered
  by the court, the landlord shall be entitled to judgment for immediate possession
  of the premises. The court shall forthwith 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 earlier than seven days after the writ is served,
  or, in the case of an eviction brought pursuant to 10 V.S.A. chapter 153, 30 days after the writ is served, to put the plaintiff into possession. (Added 1985, No. 175 (Adj. Sess.), § 3; amended 1993, No. 141 (Adj. Sess.), § 12, eff. May 6, 1994; 1999, No. 115 (Adj. Sess.), § 3; 2007, No. 125 (Adj. Sess.), § 1; 2007, No. 176 (Adj. Sess.), § 51; 2017, No. 11, § 18; 2021, No. 147 (Adj. Sess.), § 1, eff. May 31, 2022; 2023, No. 46, § 8, eff. June 5, 2023.)