2005 Vermont Code - § 4853a. — Payment of rent into court; expedited hearing

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

(a) In any action against a tenant for possession brought in accordance with chapter 137 of Title 9 or chapter 153 of Title 10, 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 10 days notice to the parties.

(c) Any memorandum in opposition filed by the defendant pursuant to Rule 78(b) 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 prorated rent for the month in which the hearing is held.

(e) All funds paid into court shall be made payable to the court clerk by money order, certified check, cash or any other means which 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, no sooner than five days after the writ is served, or, in the case of an eviction brought pursuant to chapter 153 of Title 10, 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.)