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When renting an apartment or house in the United States, it is essential to know what rights tenants have if the owner decides they must leave the property.
As a general rule, emphasis is placed on the importance of going to court in the event of receiving an eviction lawsuit, since authorities explain that doing so is one of the alternatives to prevent the measure from being applied.
According to what the Consumer Financial Protection Bureau (CFPB) stated, 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 home, 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 have garnishments imposed as part of payment of the rent unless there is a court order against the person.
On the other hand, within the special protections available to this group, it is explained that they are authorized to suspend a judicial eviction in case the landlord files a lawsuit.
“If the landlord requests your eviction in court, you and your dependents can suspend the eviction for up to 90 days if you request it. The court may also order the suspension on its own, without a request," CFPB details.
In the face of an eviction lawsuit, members of the armed forces must contact their Legal Assistance Office.
Essential steps to follow when receiving an eviction lawsuit
When 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 the situation and list the steps that have been taken to find help. It is also suggested to describe what the landlord did or did not do to obtain assistance funds intended for rent.
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 assistance to pay rent or utilities was requested and you are still waiting for the decision, it is essential to include it in the response.