The eviction process is a delicate and stressful situation for anyone. While it is true that the law protects the rights of landlords, there are also steps that tenants can take to defend themselves. It is important to understand the legal processes and tools that an individual has at their disposal to defend themselves against an eviction process.
The first thing to do is understand what an eviction consists of. An eviction is a judicial procedure that begins when the owner of a property claims possession of it for legal reasons. This claim can be made for non-payment, termination of the contract or for other justified reasons, and it can be a long and complex process.
The next thing a tenant should do when facing eviction proceedings is to seek legal advice. It is important to have a lawyer specialized in this type of case so that he can advise on the rights and options that the tenant has.
Once a lawyer has been contacted, it is important that the tenant educate themselves on the tenancy laws in their country or region. This will help the tenant understand their rights and know if they are being violated during the eviction process.
One of the options a tenant has to defend himself is to negotiate with the landlord. In some cases, the landlord may be willing to settle out of court with the tenant. For example, the landlord might agree to an installment payment plan if the tenant is behind in rent. If an agreement is reached, it is important that it is put in writing to avoid misunderstandings.
If an agreement cannot be reached with the landlord, the tenant may choose to file a judicial opposition. This means that the tenant files an appeal before the judge to have his case studied. The judge will decide if the landlord has the right to claim the property and if the tenant has the right to stay on it.
During the judicial opposition process, it is important that the tenant present all the documentation in his possession. This can include the lease, pay stubs, emails or text messages exchanged with the landlord, among other documents that can demonstrate that the obligations of the lease have been met.
In some cases, the judge may order an injunction allowing the tenant to remain in the property while their case is being considered. This injunction can be requested by petitioning the judge and, if accepted, will allow the tenant to remain in the property while the case is resolved.
Another legal tool that can be helpful to the tenant is mediation. Mediation is a process in which an impartial person helps the parties reach an agreement. In this case, a mediator could help the tenant and landlord reach an out-of-court settlement that benefits both parties.
In extreme cases, when a tenant is facing eviction proceedings, they can resort to certain legal measures to protect their rights and avoid eviction from the property.
Request a suspension of the eviction: The tenant can request the judge to suspend the eviction, alleging social or humanitarian reasons. For example, if the tenant is elderly or has health problems, he can argue that the eviction would seriously harm his health or her well-being. In these cases, the judge can temporarily suspend the eviction, pending a final solution.
Request the application of the Second Chance Law: This law allows individuals who find themselves in a situation of supervening insolvency to request the exoneration of contracted debts, including rent debts. To do this, it is necessary to meet a series of requirements and follow a specific judicial procedure. If the procedure is successfully completed, the tenant will be able to free himself from the debt and avoid eviction.
Go to social services or help associations: In many cases, help associations or social services can offer assistance to tenants who are in a situation of eviction. These services may offer financial help, legal advice, or even temporary housing. It is important that the tenant find out about the resources available in their area and go to them as soon as possible.
Negotiating an agreement with the landlord: In some cases, the tenant can reach an agreement with the landlord to avoid eviction. For example, a payment plan or a reduction in the amount of the debt can be negotiated. It is important that any agreement reached is put in writing and signed by both parties.
In any case, it is important that the tenant is adequately informed about the legal options available and acts quickly to protect their rights. Before an eviction process, it is essential to have the advice of a lawyer specialized in real estate law who can guide the tenant in all phases of the process.
