§ 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.