rented out my house and was told that they moved out.So I went to the houe and entered through an unlocked back door.Believing they moved out I changed the locks to sucure the house.Next morning they are trying to have me charged with home invation.This is in Michigan.They claim I entered the house and robbed them.Can these charges stand?There was also no lease agreement.
2007-12-25 16:10:30 · 7 answers · asked by baby 2 in Politics & Government ➔ Law & Ethics
Yes, the charges can stand unless you were accompanied by another person to vouch for you. I assume you now know that it was not a good idea to rent without a lease stipulating that you can enter the premises at any time. All the leases I have signed have that stipulation. BTW, how did they get back into the house?
2007-12-25 16:21:15 · answer #1 · answered by bernie1701 3 · 0⤊ 0⤋
Whether or not a lease existed, if they paid you rent, and lived in a property you owned or managed, a contract existed (and can be proven, even without a physical contract -- through something called "partial performance").
They could probably take you to court, I'm sure. You can sue for nearly anything -- the issue is going to be in proving that you had a justified reason to enter the property without providing the tenets with notice (and . . . that's going to have to be more than . . . "the neighbor told me nobody had been home in two days") because -- people go on vacation, and stuff like that.
If I were you, I'd contact an attorney -- about four hours ago.
2007-12-25 18:31:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This is a grey area. There is no lease, but there must have been a verbal contract, rent, etc. So it's their residence, but I would chalk it up as an honest mistake. If you didn't steal anything, what could you possibly be charged with? Entering your own house, you thought had been vacated and was unlocked! = no crime. As long as you didn't steal anything. Did you steal anything?
2007-12-25 16:35:40 · answer #3 · answered by doug4jets 7 · 0⤊ 0⤋
Don't know Michigan law, but in Wyoming if you don't have a lease agreement, they are out of luck if you decide to change the locks. Where as in South Dakota you still have to go through an evicition process.
2007-12-25 16:16:39 · answer #4 · answered by Dan C 2 · 0⤊ 0⤋
No lease?!? Are you crazy! And who told you they moved out?
You need to get a lawyer.
2007-12-25 16:23:48 · answer #5 · answered by StressedLawStudent 4 · 0⤊ 0⤋
If you are the landlord and if they cannot prove your stole anything, you're in the clear. They may still charge you, but the charges definitely wont stand.
2007-12-25 16:36:19 · answer #6 · answered by Chris 3 · 0⤊ 0⤋
They can allege anything they like, but unless they have proof that you robbed them, it won't go anywhere.
2007-12-25 16:18:18 · answer #7 · answered by Anonymous · 0⤊ 0⤋