Timothy A. Dinan's Answers

Can i get 2 felony's expunged? I have Armed Robbery and Felonious Assault, completed parole in Nov 2011 I live i Michigan

Currently, MI law only allows for one conviction to expunged from anyone's record. There is a new law regarding expunging more than one crime, but it only contemplates less serious misdemeanors. Sorry there is no current solution for you now.

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What are a tenant's rights against landlord who is facing foreclosure in Michigan

It depends. You have a right to possession in the home with a lease. An individual who owns the property, even with a mortgage, still has an ownership right in the property subject to the mortgagee exercising their rights. What you need to be concerned with is when the mortgagor (your landlord) loses his rights in ownership and possession. That person has a 6 or 12 month right to redeem the mortgage (pay the mortgagee back). That period of time is called the redeption period. Once that...

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Evidentary hearing

An evidentiary hearing in Michigan is a pretrial court proceeding that may consider the admissibility of proposed testimony or other evidence. Depending on the circumstances (criminal v. civil), it could prove to be dispositive on a case. In criminal matters, evidentiary hearings are held when one of the parties wants to introduce a piece of evidence that may be controversial or questionably admissible depending upon how the court rules on the proposed evidence. Michigan court follow the...

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Can a tenant breach lease and move out if the landlord has failed to correct dangerous conditions like mold

Habitability is an issue that can affect the lease agreement unless you specifically disclaim the habitability condition. If you find the living situation uncomfortable, you should first ask the landlord to remedy it by cleaning the problem up or addressing the origin of the mold. The fact you moved in without signing papers may create an argument that there was not a lease and you are a month-to-month tenant. By giving 30 days notice, you can make an argument that you are terminating your...

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My bank account was levied in michigan my boyfriend's payroll check is direct deposited into my account, is it exempt?

It is not exempt. You would need to move to set aside the garnishment or modify it. Further, your boyfriend should probably move his bank account to another bank if the garnishment does not concern him.

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Restricted License (DUI Interlock) Transfer from Michigan to Virginia

Your Driver's license is issued by the MI Secretary of State. As long as you operate a vehicle with a MI driver's license in MI, you are bound by whatever restrictions they put on you. If you drive out of state, you are still responsible to MI SOS and DAAD to meet requirements of license (interlock, etc). Once you have reached your one year mark w/ Interlock, you can then petition to remove it and get full privileges back. VA DMV will honor MI's restrictions on your driver's privileges...

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MI landlord tenant laws, tenant's rights against eviction

If your landlord has given a 30 day notice and is only seeking possession of the property, he has the right to proceed. The injury issues are separate from the tenancy issues. The habitability of the property (i.e. its poor condition) would go to his right to collect rent on the place, but not his right to terminate the tenancy. He does not have a duty to help you nor does have to wait to to be paid rent. Your story is truly unfortunate, but landlord tenant law in Michigan is fairly...

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MI state landlord tenant law, notice to vacate

You are entitled to 30 days notice of a termination of tenancy no matter what the notice says. You are responsible for maintaining the proof that you only recently received the notice. Keep the envelope or the receipt from the mailing. An argument can also be made that if you know about his intent to change the terms of the lease (a paragraph in the lease or a letter sent to you prior to the lease running out), you could be said to have constructive notice of the termination/change of the...

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MI residential landlord tenant law, landlord's right to raise rent

You and your landlord are in a month-to-month arrangement based on the fact your prior lease ran out, you are still in the property and he has not served you with notice? This is sometimes called a holdover lease. The fact that you are in a month-to-month lease would lead me to opine that your landlord has to give you 30 notice for any change in the terms of the tenancy. This notice must be in writing. My advice: pay for the month at the current rate and find a better landlord. He would...

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MI state laws regarding no parking signs, contesting parking ticket

There is no clear law regarding the difference between 'standing' and 'parking'. The intent in erecting the sign would seem to dissuade parking (i.e. parking with no one in the car) while a 'no standing' sign would seem to indicate that you should not be there at all. Arguably the officer could say you were blockading traffic. The best thing to do is ask the police about the parking/standing policy is in front of the school when picking up your children.

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