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tigersnw86 | Help!!! Eviction notice. Dog found in apt.? |
My mom came up to get me for thanksgiving on tues and brought my dog. We went out and the dog was left in our apt with my roommate. The people from capitol villa (our apt) came to give us chocolates, they knocked, and erika didnt get the door so they started to unlock it. My roommate grabed the dog and the door and she didnt no what to do so she said sorry i have to hold back this dog. The lady (our age in normal clothes) said "oh" then left. I came back today with my roommate and we had an evicition notice on our door. We have to move out by the 21st of december. What can I do? It said we can fight it in court, but when I talk to them tomorrow do you think they will understand? Additional Details My mom came up to get me for thanksgiving on tues and brought my dog. We went out and the dog was left in our apt with my roommate. The people from capitol villa (our apt) came to give us chocolates, they knocked, and erika didnt get the door so they started to unlock it. My roommate grabed the dog and the door and she didnt no what to do so she said sorry i have to hold back this dog. The lady (our age in normal clothes) said "oh" then left. I came back today with my roommate and we had an evicition notice on our door. We have to move out by the 21st of december. What can I do? It said we can fight it in court, but when I talk to them tomorrow do you think they will understand?
THE DOG DOES NOT LIVE HERE-- SHE WAS VISITING FOR LITERALY 15 MINUTES |
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AJ
 |
In your situation, both parties are at fault; you for having a pet in your apartment, and I am assuming the lease says no pets, and the landlord for entering your apartment without proper notice.
When you talk to them on Monday, be careful what you say. However, point out that they broke the law by entering your apartment illegally, without proper notice.
Realize that you really are not being evicted yet. You were given a 30 day notice to vacate the property. the process will be if you are still there on the 21st, then the landlord will start eviction process, you will be served a summons to appear in small claims court, which could take weeks considering the holidays. Once the court, issues a writ of resolution, the landlord has to do a few things then file the writ with the county's sheriff's office. Depending on county it could be over another week before the sherriff's deputys come and remove you. NOTE: Only the county sheriff's department with a court order can evict you.
I would call the police and report the landlord's actions, which is that she illegally entered the premise. In other words, unlawful entry of premise.
Then start looking for a new place, because the landlord will be looking for other things to kick you out. |
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Joanne B
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Try talking to them first. The dog was only visiting and didn't live there. They can't evict you for that. If they are going to be b*tches about it take them to court. They have no business unlocking your door and entering your apartment without 24 hours notice either. Be prepared for anything. You may win or you may end up having to move anyway. |
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kristina807
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You can't fight the fact that you had a dog and will get in trouble for that BUT as a landlord, they are legally not supposed to enter your house without your permission....regardless of whether they have a key or not. You might want to look up laws and regulations about that. |
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marymichigan
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I would discuss the issue with the landlord. If they understand then you probably don't have to worry. Sometimes landlords have to be heavy handed to get residents to comply to the rules. Ask your mother to confirm your story. I doubt that they will evict you for a dog. If you have been a good tenent and paid your rent they will want to save themselves the trouble of going to court. Also, if the eviction notice was not endorsed by a court order it is not valid because you have a right to go in front of a judge before they can legally evict you. Then you have so many days. Remember they have to take you to court for it to be legal. Aso, an apartment manager cannot enter your aprtment without your permission. They have to give you 24 hr notice before entering. They had no right to unlock your apartment to deliver chocolates. This is a violation of your tenant rights. Get your lease out and read it. You will probably find it in there. |
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Crampy Grampy
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Is the dog gone?
If so you can say that your mother brought the dog and you did not expect her to do so nor did you have any intention of keeping it. Tell them the dog was only in the apartment for a few hours and then left with your mom and you will not let your mother do that again.
You are not behind on the rent or anything else they really shouldnt be coming down so hard but who knows now a days! You may want to call an attorney. |
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KYRealEstateGuy
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If you broke your lease by haveing a dog then they have the right to evict. I think you could smooth things over by telling your side of the story. |
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Dyme Piece
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DID YOU HAVE FUN OR TALK TO YOUR MOM ABOUT IT |
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jered_gold
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Do you live in an apartment where they don't allow pets? If so, then you broke the rules and they are able to evict you.
The only chance to stay where you are is to get rid of the dog. When you talk to them tomorrow, just tell them you were watching the dog for a friend who went out of town for Thanksgiving. Let them know you are aware of the "no pets" rule but you didn't think it applied to a dog-sitting for a couple of days.
If you don't want to get rid of the dog, then find a new apartment. |
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