QUESTION
What could possibly happen and what actions should I take to protect my right as a tenant?
Asked on Jun 10th, 2014 on Landlord and Tenant Law - Michigan
More details to this question:
I started living with a friend of mine who I used to live with before. She leases from someone who owns the townhouse. We never made an actual lease. When I moved back in, we started having complications and it got worse. I found a court summons on the door for my roommate saying she needs to go to court for not paying rent. She sent me a message last week asking for a ride to work but I denied her request. She got pissed and said not to worry about it. I started to make arrangements to move. She sent me a bill for what I owe her. She changed the locks on the door without notifying me. She was holding my things until I paid her. I called the police and they say that if I can show proof that I live there, then I can technically break into the house. I did broke the back patio door and went to retrieve my things. She has called the police on me for breaking the door. The police knew what I was doing because they waited there until I cleared all my things.
5 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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First her actions in locking you out were illegal and could get her in trouble as a landlord (she was your landlord)Second if the police supervised you getting into the house do not worry. Third, make sure you are all moved out and all paid up with everything you owe her.. (I would not pay for the door wall .. it was her illegal action in locking you out that caused the breakage) Fourth.. do not move in with her again.
Answered on Jun 16th, 2014 at 10:46 AM
Your friend was in a position of being a landlord to you so had to follow all the rules imposed upon landlords, including how to evict a tenant [three day notice, go to court for a judgment, then get sheriff to oust you]. She violated the rules, but you had no right to break in. What the police told you was false. You could e sued by the property owner for the damage to the door. You could sue your friend for violating your rights as a tenant; you probably do not want to pay any of the back rent since you have all of your possessions back. let her sue you in court instead and then you cross-complain against her.
Answered on Jun 12th, 2014 at 7:40 PM
Real Property Law Attorney serving Owosso, MI
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Moorhead & Moorhead PLLC
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The issues is whether you were a tenant or if you were living with a friend. As a tenant, you are protected by the Michigan Lock-Out statute which prohibits the landlord from changing locks, etc. However, if you are a friend, then those rights do not apply. You stated that she sent you a bill for what you owed. Was that for one-half of the rent? Utilities? Generally, the Courts have ruled that this was not a landlord/tenant situation. If you have all of your personal property, there probably isn't much else that you can do. However, if she were to sue you in Small Claims Court for rent, etc., then you could counter-sue because she changed the locks.
Answered on Jun 12th, 2014 at 7:40 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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The best practical advice for you is to simply move on with your life, unless your former roommate takes any action. If your roommate could not pay the rent, then there is nothing to be gained by taking her to court and getting a judgment which will be uncollectible. If your roommate takes action against you, then you should assert a counterclaim for wrongful eviction.
Answered on Jun 12th, 2014 at 7:40 PM
Real Estate Litigation Attorney serving Encino, CA
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Carlson & Cohen, LLP
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In some ways it is actually beneficial that you aren't on the lease if the landlord is suing for unpaid rent! It is likely you aren't named in the lawsuit, which will prevent you from having a judgment for unlawful detainer on your record. From a practical standpoint my best advice is for you to move, immediately. Your roommate clearly isn't paying the rent, and you don't want to find yourself in a situation where you are held responsible for this. Move out. As soon as possible.
Answered on Jun 12th, 2014 at 7:40 PM