When you receive a notice ordering you to leave a rented property, known as an eviction notice, you have three options:
- Vacate the property and pay the landlord the amount owed as rent;
- Oppose the eviction;
- Request a postponement for vacating the property.
We will focus on the third alternative, as it is the least known and can protect tenants in a vulnerable situation, so that they do not find themselves on the verge of being evicted without having another home to move to.
We call this mechanism the Request for Deferral for Vacating the Property. And what does it consist of?
By making this request to the Court, we are asking that the tenant be given a reasonable amount of time to find alternative accommodation or to move to another property in a dignified manner.
However, this request must meet some specific and fundamental requirements so that it can be assessed and approved by a judge. Thus, this request, duly documented, can only be made if:
- the property is the family home;
- the tenant is in a dire (social and economic) situation;
- there are people with special needs in the household, namely, minor children, people with disabilities, elderly or sick people, among others.
Nevertheless, we need to bear in mind that the request for deferral, if granted, will not extend the deadline significantly. Indeed, it is unlikely that a period of more than 5 (five) months is granted, as this is standardly considered reasonable for overcoming such a situation.
If you find yourself in a similar predicament, please contact us at geral@sbpslegal.com.
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