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  1. #1
    Join Date
    Jun 2006
    Posts
    4

    Exclamation "Self-help" eviction by landlord in Michigan - Police not cooperating

    I am the owner of a company that leased a space that is undergoing an
    eviction process. Everything is within Michigan -- I live in
    Michigan, the company is in Michigan, the leased space is in Michigan,
    and the landlord's offices are in Michigan.

    My company has experienced several cases of fraud, which has sent my
    company into insolvency.

    My company is severely past due on rent for its leased premises.
    About two months ago, my landlord mailed me a notice to quit. On June
    5, 2006, they filed a Landlord-Tenant summons and mailed it to my
    place of work (the leased space.)

    Until this point, I've always handled all legal matters myself by
    doing research on the Internet. I have recently been working with a
    bankruptcy lawyer. No bankruptcy is yet filed. He's helping me
    through this process, and I'll certainly be paying him something, but
    he's been overly kind enough not to be billing for all the
    consultations and phone calls so far.



    On June 21, 2006, the local district court entered a default judgement
    that the landlord has a right to posession of the premises, and stated
    in it:

    * "An order evicting you will be issued unless you pay the plantiff or
    court the amount due or unless you move out on or before July 3,
    2006".
    * "No money judgement is entered at this time" --- because they did
    not successfully serve the summons on me, the mail did not count (not
    certified, etc).

    I went to the leased space today to begin packing, to make sure I had
    all of my belongings out before the July 3 date, so the landlord would
    be able to again have posession of the leased premises. I noticed
    that:
    * Everything had been looked through.
    * Computer part inventory was opened out of boxes.
    * Financial documents were opened and looked through including
    invoices and check books.
    * The cash lockbox was in a different room, opened. Luckily only
    change was in there, and still is.
    * Several things are missing
    * My company's computer that I used with financial records and
    accounting records is MISSING.
    * My company's two 19inch LCD panels that I used are MISSING.
    * My company's three 21inch LCD panels that were inventory are MISSING.
    * My company's digital camera is MISSING.
    * My personal $250 Black & Decker toolkit (wrenchs, sockets,
    hammers, etc) is MISSING.

    I view what happened, under Michigan law, as criminal tresspass and
    theft. I believe this is the case under Michigan law, because: (a) my
    landlord DOES NOT YET HAVE A WRIT OF EVICTION; (b) my landlord does
    not have a court judgement for any money; and, (c) my landlord does
    not have a writ of execution of property.

    I immediately left the leased premises, and contacted my attorney. He
    views the situation the same as me, a criminal tresspass and theft,
    and said that I should go ahead with my desire to contact the police
    department.

    I contacted the police department, and they sent an officer out to the
    leased premises. The officer took a statement and wrote up a case,
    however he said he saw the issue as a gray area and he thought it was
    more a civil matter than a criminal matter. I then spoke with a clerk
    at the local district court, who said that since they do not have a
    writ of eviction, that they cannot enter my leased space and that
    doing so was criminal tresspass. The clerk also said that taking my
    property was criminal theft. She suggested that I file an emergency
    motion to stay the eviction process, which I am in the process of
    doing. The clerk also suggested that I talk with the police sargent
    on duty. I did talk with the police sargent on duty, and he said that
    he was going to refer the case to the detectives and prosecutors -
    since he could see why the original officer thought it might be just a
    civil matter. He told me that I wouldn't hear anything back until
    Monday at the earliest from the detectives or prosecutors.

    In the meantime they have posession of my computer that I need for my
    financial records and accounting records. I'm worried about the
    safety of my records. I'm worried they may destroy the data, either
    intentionally or unintentionally just to wipe the computer clean so
    they can use it..



    SO, given all that background, I'll get to my question.

    I can find a lot of references that what my landlord did is considered
    "self-help" eviction and is a criminal act. I'd like to know what
    part of Michigan law pertains to this issue, so I can hopefully show
    it to the police. I would like for the police to realize this is a
    criminal act, and do something before monday. I don't see why this
    doesn't rise to probable cause for a search warrent of the landlord's
    offices to see if my property is there.

    I just want to know where I can look at the actual Michigan laws that
    pertain to what's happened - not more sites that just say that it was
    illegal.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: "Self-help" eviction by landlord in Michigan - Police not cooperating

    I believe you are looking for these statutes.

  3. #3
    Join Date
    Jun 2006
    Posts
    4

    Default Re: "Self-help" eviction by landlord in Michigan - Police not cooperating

    Quote Quoting aaron
    I believe you are looking for these statutes.
    Thanks, that link helped a lot. That link describes civil damages that I can seek for what happened.

    Is my attorney, the district court clerk, and many websites wrong? Did they do nothing criminal? I don't see anything criminal in that link.

    Again thanks for the information.

  4. #4
    Join Date
    Jun 2006
    Posts
    4

    Default Re: "Self-help" eviction by landlord in Michigan - Police not cooperating

    Obviously nothing to do with you, but I'm frustrated if the only remedy I have is $200 in damages per occurance. When my company owes them $28,000, and they know there is no money to collect, if this is the only remedy I have it seems like they would have no reason not to take everything the could. Whoopie, I cut $200 off my $28,000.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: "Self-help" eviction by landlord in Michigan - Police not cooperating

    You can review the criminal code, MCL 750.1 et seq, if you wish. There's no "landlord-tenant" section of the criminal code.

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