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When renting a home in the United States, it is essential to know what rights tenants have when the owner determines that they must leave the property.
As a general rule, emphasis is placed on the importance of going to court if you receive an eviction lawsuit, since authorities explain that doing so is one of the options for the measure not to be applied.
According to what the Consumer Financial Protection Bureau (CFPB) says, some provisions protect certain people from being evicted, so they could remain in their home even in the face of these situations.
Tenants will be able to stay in their homes, despite the owner’s opposition
According to the official information, members of the armed forces who pay a monthly rent below USD 4,214.28 cannot be evicted from their residential home while they are performing military service. The same rule applies to their dependents.
They also cannot receive garnishments as part of rent payment unless there is a court order against the person.
On the other hand, within the special protections this group has, it is explained that they are authorized to suspend a court-ordered eviction if the landlord files a lawsuit.
“If the landlord seeks your eviction in court, you and your dependents can suspend the eviction for up to 90 days if you request it. The court can also order the suspension on its own, without a request,” the CFPB details.
In the face of an eviction lawsuit, members of the armed forces should contact their Legal Assistance Office.
Essential steps to follow when receiving an eviction lawsuit
Upon receiving the lawsuit, one of the rights tenants have is to submit a written response explaining to the court why the eviction should not take place.
It is important to detail what the situation is and list the steps that have been taken to find help. It is also recommended to describe what the landlord did or did not do to obtain rental assistance funds.
The authorities’ advice is to contact the court clerk to ask specifically about your case and learn what the best course of action is and what rights protect you.
If help paying the rent or utilities was requested and a decision is still pending, it is essential to include it in the response.