Q: Eviction notice issue due to military duty impacting rent payment in NM.

A: You should know that federal law offers protection for military service members and their families in situations like this. The Servicemembers Civil Relief Act (SCRA) allows a court to delay or even stop an eviction if a tenant’s ability to pay rent is affected by military service. If your boyfriend is on active duty and his absence directly impacts rent payments, you may request that the judge consider this protection. Courts often require proof of military duty, such as deployment orders, so bringing any documents or communications you have could be critical.

Since your court date is today, you should raise the issue immediately before the judge. Explain how your boyfriend’s military duty disrupted his income access, and mention that you haven’t had the chance to contact the military legal assistance office yet. Judges are often sympathetic to these circumstances, especially if you show you’re trying to resolve the rent issue in good faith. The apartment management’s failure to cooperate with housing assistance could also weigh in your favor.

Even if the judge does not dismiss the eviction, you can request a stay or postponement under the SCRA, which might give you time to resolve the financial issue or for your boyfriend to gain access to his funds. After the hearing, reach out to the nearest military legal assistance office immediately. They can intervene, provide guidance, and even communicate with the landlord or court on your behalf. This combination of federal protection and legal support could help you keep your housing stable while your boyfriend serves.