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Eviction

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dez

Junior Member
What is the name of your state? MI

My lease ended on December 31. I was late on the rent for November and paid it with Decembers rent. The landlord did not cash the check but sent us a notice around the 15th of January that our lease would not be renewed. We did not have a place to go so we did not move on January 31st. The landlord filed for eviction and then dismissed the case shortly after. We found a place to move to in February and began to move items. We told the landlord that we would attempt to be out on the 15th of February. They then sent a notice that we had to be out on the 8th. We continued moving and ran later than the 15th. We were served with papers that the landlord was sueing us for January and Februarys rent. We did not dispute this as we were there occupying the residence. On the 25th of February when we attempted to get our last load there was a note on the door from the landlord stating that the locks would be changed on the 25th of the month. Obviously we were unable to gather the rest of our belongings. Today after being in the new place and gathering information on what I can do to get the rest of my belongings I find that a rent check from December which was rejected at the time was cashed today. My question is multipart and I greatly appreciate any advice that can be given.
First can the landlord change the locks without us being evicted and us still having items in the home?
Second would he be in breach of the lease for not giving 30 days notice that the lease would not be renewed? (it was a 1 year lease)
Third after we were sued for January and Februarys rent are they allowed to change the locks before the month is out? (February)
Finally can I now take them to small claims court for the loss of the items that were in the house, the rent check that they cashed, and for not giving the 30 day notice that was originally required? Do I have any recourse at all in this matter?

Thank you very much in advance for any advice
 
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BL

Senior Member
What is the name of your state? MI

My lease ended on December 31. I was late on the rent for November and paid it with Decembers rent. The landlord did not cash the check but sent us a notice around the 15th of January that our lease would not be renewed. We did not have a place to go so we did not move on January 31st. The landlord filed for eviction and then dismissed the case shortly after. We found a place to move to in February and began to move items. We told the landlord that we would attempt to be out on the 15th of February. They then sent a notice that we had to be out on the 8th. We continued moving and ran later than the 15th. We were served with papers that the landlord was sueing us for January and Februarys rent. We did not dispute this as we were there occupying the residence. On the 25th of February when we attempted to get our last load there was a note on the door from the landlord stating that the locks would be changed on the 25th of the month. Obviously we were unable to gather the rest of our belongings. Today after being in the new place and gathering information on what I can do to get the rest of my belongings I find that a rent check from December which was rejected at the time was cashed today. My question is multipart and I greatly appreciate any advice that can be given.
First can the landlord change the locks without us being evicted and us still having items in the home?
Second would he be in breach of the lease for not giving 30 days notice that the lease would not be renewed? (it was a 1 year lease)
Third after we were sued for January and Februarys rent are they allowed to change the locks before the month is out? (February)
Finally can I now take them to small claims court for the loss of the items that were in the house, the rent check that they cashed, and for not giving the 30 day notice that was originally required? Do I have any recourse at all in this matter?

Thank you very much in advance for any advice

ILLEGAL EVICTION
A landlord must always go to court to have a tenant evicted. A landlord also cannot harass or try to make a tenant move out by doing any of the following:
Using force or threatening to use force.
Removing, withholding, or destroying personal property of the tenant.
Changing, altering, or adding locks or security devices to the rental premises.
Boarding up the premises which prevents or makes entry difficult.
Removing doors, windows, or locks.
Causing the shut-off or interruption of water, electric or gas service.
Causing loud noises, a bad odor or other nuisance.
Putting the tenant's belongings out in the street.
If a tenant is forcibly removed from or kept out of rental property by force, the tenant may sue the landlord. If the tenant prevails, the tenant is entitled to recover three times the amount of damages or $200.00, whichever is greater. Damage to the tenant can include the cost of staying at a motel, as well as actual physical damage to the tenant or his belonging.
 

MIRAKALES

Senior Member
First can the landlord change the locks without us being evicted and us still having items in the home?
No, definitely not. LL can only change locks after tenant has completely vacated the premises.

Second would he be in breach of the lease for not giving 30 days notice that the lease would not be renewed? (it was a 1 year lease)
That would depend on the laws in the State of Michigan (MI) or the terms of the lease.

Third after we were sued for January and Februarys rent are they allowed to change the locks before the month is out? (February)
No, definitely not. This is an illegal tenant lock-out. One of the worst LL violations.

Finally can I now take them to small claims court for the loss of the items that were in the house, Yes the rent check that they cashed, No and for not giving the 30 day notice that was originally required? Tenant is not sure 30 days is required. Do I have any recourse at all in this matter? Tenant already named them all.
 
LL/tenant

Why was the December rent REJECTED? You told the LL that you would be out, and you weren't, you want him to still carry you? You were constantly late on your rent, and you want to sue him? Give me a fricking break. Pay your rent on time.
 

Alaska landlord

Senior Member
You wrote out a check for December. If you didn't want him to cash it you should not have written it. What makes you think you can stay the month of December without paying?

If you vacated the premises prior to the deadline the LL gave you and you owed rent, then it's called abandonment and yes he can change the locks.
 

acmb05

Senior Member
You wrote out a check for December. If you didn't want him to cash it you should not have written it. What makes you think you can stay the month of December without paying?
And January and February.

If you vacated the premises prior to the deadline the LL gave you and you owed rent, then it's called abandonment and yes he can change the locks.
They vacated after the deadline and abandonment would not apply in this case anyway.

My bad I just noticed this thread is 4 months old.
 
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johnd

Member
They vacated after the deadline and abandonment would not apply in this case anyway.
Yes, it would. They gave notice that they would be out by the 15th...and they were not. Unless they can prove that they gave further notice to the LL prior to his declaration of abandonment...it is textbook abandonment.
 

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