pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)

Citation: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Parent Document: pe2 housing v baker, No. 25-cv-5036 (Vt. Super. Ct. 2024)
Jurisdiction: Vermont (state)
Effective Date: 2024-11-01
Original Source: https://www.vermontjudiciary.org/media/20324 ↗

Full Text

1,383 chars

“In any action against a tenant for possession, the landlord may file a motion for an
order that the tenant pay rent into court.” 12 V.S.A. § 4853a(a) (as amended by 2007,
Adj. Sess., No. 125, § 1). While not explicitly stated, the purpose of this statute must
include maintaining the status quo – that while the tenant maintains possession of the
premises rent (or a portion of rent) must be paid into court. As Judge Richardson has
stated “[a] rent escrow hearing is a preliminary hearing and does not involve resolving
the ultimate merits of the case. By statute, it is limited to questions of whether the rent
is currently unpaid and due and the amounts of rent due each month. 12 V.S.A.
§ 4853a.” Very Vermonty Corp v. Schwank, 2024 WL 1240668, at *1 (Vt. Super. Ct.,
Lam. Civ. Div. Jan. 08, 2024) (Richardson, Supr. J.). See also 12 V.S.A. § 4853a(d) (“[i]f
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 …”). When a rent escrow order is issued the consequences of non-compliance
for a tenant are severe – the landlord is “entitled to judgment for immediate possession
of the premises,” and the court must issue a writ of possession “forthwith.” 12 V.S.A. §
4853a(h). In other words, judgment for possession is entered for the landlord.

Other Sections in This Document (102)

Full Text