§ 55-248.25:1. Rent escrow required for continuance of tenant's case.
A. Where a landlord has filed an unlawful detainer action seeking possessionof the premises as provided by this chapter and the tenant seeks to obtain acontinuance of the action or to set it for a contested trial, the courtshall, upon request of the landlord, order the tenant to pay an amount equalto the rent that is due as of the initial court date into the court escrowaccount prior to granting the tenant's request for a delayed court date.However, if the tenant asserts a good faith defense, and the court so finds,the court shall not require the rent to be escrowed. If the landlord requestsa continuance, or to set the case for a contested trial, the court shall notrequire the rent to be escrowed.
B. If the court finds that the tenant has not asserted a good faith defense,the tenant shall be required to pay an amount determined by the court to beproper into the court escrow account in order for the case to be continued orset for contested trial. To meet the ends of justice, however, the court maygrant the tenant a continuance of no more than one week to make full paymentof the court-ordered amount into the court escrow account. If the tenantfails to pay the entire amount ordered, the court shall, upon request of thelandlord, enter judgment for the landlord and enter an order of possession ofthe premises.
C. The court shall further order that should the tenant fail to pay futurerents due under the rental agreement into the court escrow account, the courtshall, upon the request of the landlord, enter judgment for the landlord andenter an order of possession of the premises.
D. Upon motion of the landlord, the court may disburse the moneys held in thecourt escrow account to the landlord for payment of his mortgage or otherexpenses relating to the dwelling unit.
E. Except as provided in subsection D, no rent required to be escrowed underthis section shall be disbursed within 10 days of the date of the judgmentunless otherwise agreed to by the parties. If an appeal is taken by theplaintiff, the rent held in escrow shall be transmitted to the clerk of thecircuit court to be held in such court escrow account pending the outcome ofthe appeal.
§ 55-248.25:1. Rent escrow required for continuance of tenant's case.
A. Where a landlord has filed an unlawful detainer action seeking possessionof the premises as provided by this chapter and the tenant seeks to obtain acontinuance of the action or to set it for a contested trial, the courtshall, upon request of the landlord, order the tenant to pay an amount equalto the rent that is due as of the initial court date into the court escrowaccount prior to granting the tenant's request for a delayed court date.However, if the tenant asserts a good faith defense, and the court so finds,the court shall not require the rent to be escrowed. If the landlord requestsa continuance, or to set the case for a contested trial, the court shall notrequire the rent to be escrowed.
B. If the court finds that the tenant has not asserted a good faith defense,the tenant shall be required to pay an amount determined by the court to beproper into the court escrow account in order for the case to be continued orset for contested trial. To meet the ends of justice, however, the court maygrant the tenant a continuance of no more than one week to make full paymentof the court-ordered amount into the court escrow account. If the tenantfails to pay the entire amount ordered, the court shall, upon request of thelandlord, enter judgment for the landlord and enter an order of possession ofthe premises.
C. The court shall further order that should the tenant fail to pay futurerents due under the rental agreement into the court escrow account, the courtshall, upon the request of the landlord, enter judgment for the landlord andenter an order of possession of the premises.
D. Upon motion of the landlord, the court may disburse the moneys held in thecourt escrow account to the landlord for payment of his mortgage or otherexpenses relating to the dwelling unit.
E. Except as provided in subsection D, no rent required to be escrowed underthis section shall be disbursed within 10 days of the date of the judgmentunless otherwise agreed to by the parties. If an appeal is taken by theplaintiff, the rent held in escrow shall be transmitted to the clerk of thecircuit court to be held in such court escrow account pending the outcome ofthe appeal.
§ 55-248.25:1. Rent escrow required for continuance of tenant's case.
A. Where a landlord has filed an unlawful detainer action seeking possessionof the premises as provided by this chapter and the tenant seeks to obtain acontinuance of the action or to set it for a contested trial, the courtshall, upon request of the landlord, order the tenant to pay an amount equalto the rent that is due as of the initial court date into the court escrowaccount prior to granting the tenant's request for a delayed court date.However, if the tenant asserts a good faith defense, and the court so finds,the court shall not require the rent to be escrowed. If the landlord requestsa continuance, or to set the case for a contested trial, the court shall notrequire the rent to be escrowed.
B. If the court finds that the tenant has not asserted a good faith defense,the tenant shall be required to pay an amount determined by the court to beproper into the court escrow account in order for the case to be continued orset for contested trial. To meet the ends of justice, however, the court maygrant the tenant a continuance of no more than one week to make full paymentof the court-ordered amount into the court escrow account. If the tenantfails to pay the entire amount ordered, the court shall, upon request of thelandlord, enter judgment for the landlord and enter an order of possession ofthe premises.
C. The court shall further order that should the tenant fail to pay futurerents due under the rental agreement into the court escrow account, the courtshall, upon the request of the landlord, enter judgment for the landlord andenter an order of possession of the premises.
D. Upon motion of the landlord, the court may disburse the moneys held in thecourt escrow account to the landlord for payment of his mortgage or otherexpenses relating to the dwelling unit.
E. Except as provided in subsection D, no rent required to be escrowed underthis section shall be disbursed within 10 days of the date of the judgmentunless otherwise agreed to by the parties. If an appeal is taken by theplaintiff, the rent held in escrow shall be transmitted to the clerk of thecircuit court to be held in such court escrow account pending the outcome ofthe appeal.
