So I live in Michigan and I rented a room from a guy. We had quite a few problems arise and I did not pay 2 months of rent to him after which he threatened me with physical harm and then to call the police and throw out my things on the street. My dad had to come get me and my stuff at 2am in the morning and we moved out. He did not file anything in courts to get me evicted, just threatened me. What do I do now, is what he did legal? If its illegal what do I do? I had to commute 130 miles to college twice a week after for 2 months... someone help me...
2007-07-27 04:32:09 · 6 answers · asked by EBA_Devil 3 in Politics & Government ➔ Law Enforcement & Police
there was no procedure that he followed, just threatened me and I moved out...
2007-07-27 04:40:47 · update #1
yes I do have an 8-month lease signed by both parties...
2007-07-27 05:18:08 · update #2
Each state has very specific tenant/landlord laws. He did not follow them.
Additionally by threatening you with physical harm you could file a law suit against him for using coercion. (Coercion is illeagal - it means to physically harm someone, or threaten them with physical harm to try to get them to do something)
Here is how it should go:
Usually a landlord must send a pay-or-quit notice giving you (usually) about 3 days to pay or leave.
If you refuse to leave he can go to magistrate court and file for a dispossory warrant. Usually the warrant will be served to you by a Sheriff or similar, and it will give you 7 days to pay, respond, or leave.
If you pay it is usually condsidered a complete defense and you are not evicted, even at this point. If you respond, then a court date is set (usually about 7 days later), and you can prepare your defense. If you do not respond or pay then you are guilty by default and he can get the sheriff to come and physically remove you from the premises.
This is pretty much standard procedure, but you need to look under "landlord/tenant" law for Michigan to get some specifics because it does vary by state.
Here is a link for Michigan Landlord/Tenant Law:
http://www.megalaw.com/mi/top/milandlord.php
2007-07-27 04:51:42 · answer #1 · answered by crookmatt 4 · 2⤊ 0⤋
Yes it is illegal. If you have a lease then you should have a fairly easy time handling it in court. You could even get a restraining order since he threatened you and if he actually touched you then you could file charges for assault. The trouble is if you don't have a lease then it is a lot more difficult. In that case you will have a pretty hard time without a lawyer. Its always better to have legal counsel. When its your word against his and he is the land owner or renter you will have a hard time of it.
Find any cleared checks or proofs that you paid rent.
If you paid any bills as part of the room mate arrangement they are even better.
But if you can't afford a lawyer and didn't have a lease then it might be better to just find another place to live.
2007-07-27 04:47:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Questions like these are always loaded because we never get to hear the other side of the story nor do we know if your being upfront and honest about your situation.
The biggest question is... did you have a signed lease with him. if not...sorry he can toss you out whenever he wants. Although he should of provided one to you its also your responsibilty to make sure all conditions of the rental are in order, which, includes a lease and terms and conditions of the rental. If your asking because you want to sue... you have no case. Next time, secure a lease if not one in place, make sure you ask questions and are aware of late payment penalties, etc... and most of all PAY YOUR RENT on time or make arrangements. Even then, a landlord is under no obligation to afford you more time or not demand his/her money. I have read nothign of a lease so he is not bound to an eviction laws which in most states is 60-90 days notice IF... you are on good terms (property going condo and renters must leave, landlord just does not want to rent anymore). But if you aren't paying your rent then that changes things and he has lots more freedom to boot you. Bottom line is if you didn't pay rent no lawyer would be dumb enough to take your case and you would never win.
Oh... unless you have recorded proof of his threats... its hear-say in the laws eyes and will be considered non-existent.
2007-07-27 04:46:15 · answer #3 · answered by daven71 4 · 0⤊ 0⤋
It is not legal for him to threaten you with physical harm. Period. You can call the cops on him for that one.
As to throwing you out, if you don't pay the rent he can do that. However, there is a proceedure he has to go through. He can not throw you out on the street at 2 in the morning without previous notice. Exactly what the proceedure is he must follow depends on where you live.
2007-07-27 04:37:07 · answer #4 · answered by Michael C 7 · 0⤊ 0⤋
call the police and attempt to get a restraining order for specific simply by fact she is being threatening. yet do no longer hesistate to shield your self in any way achievable simply by fact which you have the the suitable option to shield your unborn new child as properly as your self. shop a weapon close a minimum of if she does attempt something. that's what i might do. i'm many times apprehensive that somebody ought to attempt to harm me simply by fact i'm additionally pg yet do exactly despite you will desire to, that's self-protection yet def. call the police officers or pass all the way down to the station and make a checklist to get it documented if something replace into to take place. I want you each and every and all of the success!!!
2016-11-10 09:24:49 · answer #5 · answered by ? 4 · 0⤊ 0⤋
well, unfortunately, I think you are a little too late. I personally sympathize with you, but by the sound of it, it was awhile ago.
2007-07-27 04:55:45 · answer #6 · answered by James H 2 · 0⤊ 0⤋