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Old 01-04-2013, 08:05 PM   #41 (permalink)
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Here's the part about evictions from Nancy's link: Eviction — Michigan Legal Aid

Eviction, Illegal Eviction and Utility Access — Michigan Legal Aid

Quote:
The only legal eviction is a court ordered eviction. If a landlord forces a tenant out through any other means, the eviction is illegal and the tenant is entitled to damages and repossession of the property. Only someone from the county sheriff's department, or in rare cases a specially authorized police officer, may legally remove evicted tenants from their home. That person must have a court eviction order, called a writ of restitution.

There are three legal bases on which landlords can evict tenants:

non-payment of rent

creating a health hazard

termination of a tenancy (usually requires a 30-day notice)

Landlords must use different "Notices to Quit" for each type of eviction. A Notice to Quit must be issued before the legal eviction procedure can begin.

The Notice to Quit

A Notice to Quit is a legal document that a landlord or agent must give tenants when she or he wants them to pay or move. It indicates when and why the landlord wants the tenants to move. In some cases, landlords use these notices to intimidate tenants. If you receive a Notice to Quit, it does not mean you have to move at the time specified on the notice. This is merely the first step before the landlord can begin the legal eviction procedure. You will still have an opportunity to negotiate or go to court to defend yourself. It also does not mean that the landlord has to follow through with the eviction. If the landlord accepts all the rent that is due, or rent for future months, after the tenant received the notice, the notice becomes void.
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How Long Will An Eviction Take?

It can take a minimum of four to six weeks to go through an eviction procedure, from the date the tenant receives the Notice to Quit to the day the sheriff actually knocks on the tenant's door to physically evict. Here is how that time was calculated:

Any time after the Seven Day Notice to Quit expires, the landlord can file for a court date. The date of the first court hearing will be from four to eight days after the landlord files. (seven days plus four days = 11 days)

At the initial court appearance, the tenant may ask for a one to two week adjournment and a jury trial, as described above. (seven days)

After an initial adjournment, the next court date will be for a pre-trial hearing, usually one to two weeks later. (seven days)

The judge may hold the trial at the same time as the pre-trial, or set a new trial date for whenever there is room on the court schedule. (The tenant may settle a case with the landlord at any time.) (possibly seven days)

If the judge eventually orders the tenant to move due to non-payment of rent, the tenant will still have ten days to either pay the rent (plus court costs) or move. (ten days)

After that time, the court can issue a "Writ of Restitution" and the sheriff may come and physically remove the tenant and their property from the unit. The landlord cannot do this without a writ, and then only with a sheriff present.
Time is on your side, she can't evict you if your dog is not out by the 17th. Has she provided you with a Notice To Quit? The eviction procedure can't even begin until she does.
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Old 01-04-2013, 08:24 PM   #42 (permalink)
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Hi,

It really seems like the legal system will be on your side in this case. If not, PM me. I live in Chicago. I have no idea how close or far that is from your location in Michigan. But, I would be willing to foster your dog until you found a pet-friendly place if you run out of options.

Best of luck.

-Anne
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Old 01-04-2013, 10:26 PM   #43 (permalink)
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Just so you know she can not evict you before the month is over. As of the 17th which is the day she said you have to have the dog out of the apartment, your land lady will have to give you a 7 day notice that you must leave. That would put you out to the 24th. Then if you do not comply to the 7 day notice, your land lady has to file the eviction notice with the court and have you served. After you are served you should have 7 to ten days before the court hearing. She is going to have to list why you are being evicted on the paper work. So now you are at the 31st of January at the earliest. Then you still have a ten day appeal wait in case you want to appeal. I would keep the dog with you and not worry about it. since there is not anything in your lease that says no dogs i wouldn't let it bother you and just move to the other place. This does not effect your credit rating at all.
Just so you under stand where i am coming from i own 8 rental properties in northern michigan and have evicted several tenants over the years. It is not as easy as some may think. If you are paying the rent most land lords would not evict for a dog because you are atleast paying the rent. Most people do not pay. If you have any more questions pertaining to land lord tenant you can Pm me and i will answer them. Good luck and enjoy that puppy
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Old 01-04-2013, 10:30 PM   #44 (permalink)
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Hmmmmm.

Who is your landlord? Don Roberto? I heard he is a reasonable man. Do you want me to reason with him?
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Old 01-04-2013, 10:39 PM   #45 (permalink)
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Originally Posted by selzer View Post
Hmmmmm.

Who is your landlord? Don Roberto? I heard he is a reasonable man. Do you want me to reason with him?
LOL!! OP- I sent u a PM.
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Old 01-05-2013, 12:38 AM   #46 (permalink)
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Hi everyone! Sorry I'm so late to reply sometimes, my daughter and son have had bad colds and I've been playing nursemaid! Here is the notice she put on my door, sorry it's blurry. You will notice it says breed AND weight restriction, but there's literally ten other dogs here that are bigger than him. I am so angry I halfway want to take legal action against her, and I'm half exhausted and wanting to just move on. My dog is pretty lazy, so he's been doing great in our apartment, whoever his ancestors were I am really thinking they were NOT working lines lol. He loves sleeping and laying around, even when he's playing he lays down to do it. When I want him to go for his walks, he gives me a lot of grunts before he will finally get up. But still, it would be nice not to have to walk up and down 4 flights of stairs with him ten times a day! So maybe a move would be in the best interest of everyone. I do love our walks though, strangely it's very soothing, the routine me and him have. I know he's by no means the breed standard of what a GSD should be, but he has enough of the intelligence and loyalty of the GSD to suit me I love my boy so much, I don't treat him like a human but he really feels like one of my children to me. My fiancÚ and I are totally on the same page. We love this dog so much that we don't want to even stay where he isn't welcome. He tries so hard to please, and it honestly touches me. This dog was the easiest to house train I've ever seen, maybe not even because of his intelligence, because I know there's GSDs out there with much more advanced training and better breeding, but he was easy to house train because he wanted to make us happy. But anyway, I guess I feel almost like someone is trying to take away a member of my family, and I'm not wanting to pay money to someone like that. My fiancÚ and I have been here a few years, and we were only late on rent one time, by two days, only because we were on vacation in Tennessee, but my fiancÚ had discussed that with the landlady ahead of time. Our apartment will not need to have carpet replaced, or even steam cleaned. Yes even with a German shepherd we've kept the carpet spotless lol. We have hung pictures, but my fiancÚ puts that (mud/putty?) stuff over the holes and sands them down every time we take a picture down. They will literally not have to do a thing here when we move out. We've been good to the landlady, and given her giftcards to best buy every year because we know she spends a lot of time on the computer. We've never had any complaints about noise or cleanliness, honest to god this is the first violation we ever got. I did everything, offered to muzzle him everytime I left the apartment with him, offered to neuter him, showed her his vaccines records, and his license, and have her our vets information. We let her pet him and see for herself he's not agressive. We just have tried everything, and if she's going to be so unreasonable after years of being good renters, we will take out business elsewhere. As soon as we walked into the office she was tight lipped, arms crossed, legs crossed, just totally on the defense already. She coldly shot down every arguement we had, with both my kids in the room hugging Apache. And about te weight restriction, I've said it before, but there's a great Dane and a great Dane mix that live here. As well as good sized huskies, pitbulls, labs, and a German shepherd/pit mix that all outweigh my dog by quite a bit. Sorry to ramble on, it's just I know you guys understand how I feel, because you all have GSDs you would do the same for. Other people would tell me to get rid of him, he's just a dog, but you guys totally understand and would refuse to rehome the dog as well. That's why I think this website is amazing! Although I've lived with GSDs on and off since I was born, I've never shown dogs or gone through agility or schutzhund like so many of you have, and I know you guys are the best to ask for advice. I'm so grateful and it makes me feel so good to have found this little community. I truly feel lucky for it, and I know I'm going to learn almost anything I need to learn about GSDs from you guys! Thanks do much for the help, everyone is so knowledgable I hope I learn a lot from you all. Anyway lol here's the notice

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Old 01-05-2013, 12:48 AM   #47 (permalink)
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I haven't read all the replies, but enough to know you're getting suggestions just to keep the dog and go thru eviction proceedings. My concern is that if you were to be evicted it might be difficult, next to impossible, to find another place to rent.
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Old 01-05-2013, 12:52 AM   #48 (permalink)
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Quote:
Originally Posted by Asiakp View Post
Hi everyone! Sorry I'm so late to reply sometimes, my daughter and son have had bad colds and I've been playing nursemaid! Here is the notice she put on my door, sorry it's blurry. You will notice it says breed AND weight restriction, but there's literally ten other dogs here that are bigger than him. I am so angry I halfway want to take legal action against her, and I'm half exhausted and wanting to just move on. My dog is pretty lazy, so he's been doing great in our apartment, whoever his ancestors were I am really thinking they were NOT working lines lol. He loves sleeping and laying around, even when he's playing he lays down to do it. When I want him to go for his walks, he gives me a lot of grunts before he will finally get up. But still, it would be nice not to have to walk up and down 4 flights of stairs with him ten times a day! So maybe a move would be in the best interest of everyone. I do love our walks though, strangely it's very soothing, the routine me and him have. I know he's by no means the breed standard of what a GSD should be, but he has enough of the intelligence and loyalty of the GSD to suit me I love my boy so much, I don't treat him like a human but he really feels like one of my children to me. My fiancÚ and I are totally on the same page. We love this dog so much that we don't want to even stay where he isn't welcome. He tries so hard to please, and it honestly touches me. This dog was the easiest to house train I've ever seen, maybe not even because of his intelligence, because I know there's GSDs out there with much more advanced training and better breeding, but he was easy to house train because he wanted to make us happy. But anyway, I guess I feel almost like someone is trying to take away a member of my family, and I'm not wanting to pay money to someone like that. My fiancÚ and I have been here a few years, and we were only late on rent one time, by two days, only because we were on vacation in Tennessee, but my fiancÚ had discussed that with the landlady ahead of time. Our apartment will not need to have carpet replaced, or even steam cleaned. Yes even with a German shepherd we've kept the carpet spotless lol. We have hung pictures, but my fiancÚ puts that (mud/putty?) stuff over the holes and sands them down every time we take a picture down. They will literally not have to do a thing here when we move out. We've been good to the landlady, and given her giftcards to best buy every year because we know she spends a lot of time on the computer. We've never had any complaints about noise or cleanliness, honest to god this is the first violation we ever got. I did everything, offered to muzzle him everytime I left the apartment with him, offered to neuter him, showed her his vaccines records, and his license, and have her our vets information. We let her pet him and see for herself he's not agressive. We just have tried everything, and if she's going to be so unreasonable after years of being good renters, we will take out business elsewhere. As soon as we walked into the office she was tight lipped, arms crossed, legs crossed, just totally on the defense already. She coldly shot down every arguement we had, with both my kids in the room hugging Apache. And about te weight restriction, I've said it before, but there's a great Dane and a great Dane mix that live here. As well as good sized huskies, pitbulls, labs, and a German shepherd/pit mix that all outweigh my dog by quite a bit. Sorry to ramble on, it's just I know you guys understand how I feel, because you all have GSDs you would do the same for. Other people would tell me to get rid of him, he's just a dog, but you guys totally understand and would refuse to rehome the dog as well. That's why I think this website is amazing! Although I've lived with GSDs on and off since I was born, I've never shown dogs or gone through agility or schutzhund like so many of you have, and I know you guys are the best to ask for advice. I'm so grateful and it makes me feel so good to have found this little community. I truly feel lucky for it, and I know I'm going to learn almost anything I need to learn about GSDs from you guys! Thanks do much for the help, everyone is so knowledgable I hope I learn a lot from you all. Anyway lol here's the notice

I'd really love to read that if you could paragraph it.
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Old 01-05-2013, 12:59 AM   #49 (permalink)
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Originally Posted by arycrest View Post
I haven't read all the replies, but enough to know you're getting suggestions just to keep the dog and go thru eviction proceedings. My concern is that if you were to be evicted it might be difficult, next to impossible, to find another place to rent.
Not so, because she CANNOT be legally evicted as there is nothing in writing in her lease, etc. that says she's in violation of her lease. This would be different if she had a lease that stated 'dog rules' or the property manager was able to hand her a list of 'banned breeds' for the premises. There is NO reason to not keep the dog while moving out. NO judge is going to grant eviction because there is nothing to be evicted for.

Since my brother's a lawyer in Michigan, I am going to call the complex pretending to be someone moving in. I'm going to ask about breed restrictions. I'll let you know what they say. Please don't anyone else do this. Too many calls, and they'll know something's up. I just want to know what they'd say to a 'new' renter.
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Old 01-05-2013, 01:01 AM   #50 (permalink)
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I agree...if nothing in writing was signed when she moved in, they can't up and change the rules midstream.
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