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 ↗

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The statute states that an order to pay rent into court must issue if the court “finds that
the tenant is obligated to pay rent and has failed to do so ….” 12 V.S.A. § 4853(d). The
statute does not appear to require any finding as to the validity or merits of the
underlying eviction proceeding. As noted, however, a landlord may be entitled to
judgment for possession based on non-compliance with a rent escrow order. If the
validity of the underlying proceeding is not an element that the court must consider at a
rent escrow hearing, then a landlord may obtain an order of possession without, for
example, properly terminating the tenancy. As noted above, the ejectment statutes do
not provide a landlord relief unless a tenant maintains possession of the premises after

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