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  1. #1
    Join Date
    Jan 2011
    Posts
    2

    Default Illegally Evicted by Landlord

    My question involves landlord-tenant law in the State of: MI

    Without an order of eviction, my landlord, without our permission, entered our leased home and took everything while we were gone for the weekend.

    We called 911 and the Deputy came to the scene with the landlord. Huh?

    After the deputy determined this to be a landlord tenant issue, the deputy told us that the landlord was within their right to enter and change the locks because it was their house and we had no choice but to leave with the landlord standing in the doorway of our house and waving to us.

    Deputy says everything here is CIVIL...
    Nothing for him to do.

    We lost our home and everything in it but the deputy claims that he can't do anything because HOME INVASION and BURGLARY is a civil matter and that we have to take it up in court by filing a civil suit.

    We were also denied a police report.



    MICHIGAN LANDLORDS TAKE NOTE!!!!

    DON'T GO SHOPPING FOR FURNITURE! JUST SWING BY YOUR RENTAL WHEN THE TENANT IS NOT THERE AND TAKE WHAT YOU WANT! IT ISN'T A CRIME IN ISABELLA COUNTY! IT'S A CIVIL MATTER THAT THE TENANT WON'T HAVE THE CASH TO PURSUE!

    JUST THINK!
    AS AN ADDED BONUS YOU CAN ALSO MAKE YOUR TENANT'S HOMELESS AT THE SAME TIME AND WITHOUT DUE PROCESS ! ! ! !

    ISABELLA COUNTY SHERIFF DEPUTIES DON'T MIND BEING A LITTLE FLEXIBLE WITH YOUR TENANT'S CIVIL RIGHTS ! ! !


  2. #2

    Default Re: Under Cover of Law Eviction

    Is there a question in there somewhere?

    Home invasion doesn't apply. The very fact that you weren't home, by definition, means this was not a home invasion (even if the person breaking in was a total stranger without a landlord-tenant agreement). You'll find the statute in it's full glory under: 750.110a

    Evictions are CIVIL matters - not civil rights matters, and not criminal offense matters (ie NOT a burglary), just as the deputy explained. Your relationship with the landlord, including who does what in, on, within, and with the property and it's contents is governed by the landlord-tenant agreement. Interactions between you and the landlord that do NOT revolve around the property and it's contents, such as if your landlord PUNCHED you, are NOT under the landlord-tenant agreement and would be subject to CRIMINAL charges. If you were evicted outside the terms of the landlord-tenant agreement, or in violation of landlord-tenant law for your state, then your recourse is to sue the ever-loving crap out of the landlord in civil court, including suing for any property lost or damaged, expenses you incurred due to his actions (like if you had to stay in a motel), monies that you already paid for time you didn't receive (rent returned to you), legal fees incurred in bringing the case to court, and punative damages (to punish the wrong doer for his bad behavior and to serve as a warning to others not to do the same). Law enforcement can't intervene in breech of civil contracts. Only a JUDGE in a civil court can do that. (In fact, I bet if you read your lease closely, it'll specify the court with jurisdiction.)

    You were denied a police report because there was no report of a criminal nature to take. The "law" applicable to this issue is your lease, which is enforced by judges hearing civil cases on your local bench, not the state's code of criminal procedure, which is enforced by police and the criminal courts..
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
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