Legal Question in Civil Rights Law in Michigan

Unlawfully kicked out and lost all belongings

I had lived with my ex-boyfriend and I broke up with him, and he locked me out the next day, and all my property was here. Me and my four yeard old son had lived with him for about three months. Was this leagl for him to lock me out like that? My name was not on the lease.


Asked on 10/24/02, 7:19 am

1 Answer from Attorneys

William Morrison Action Defense Center

Re: Unlawfully kicked out and lost all belongings

No, it was not lawful. Michigan law provides:

600.2918

(1) Any person who is ejected or put out of any lands or tenements in a forcible and unlawful manner, or being out is afterwards held and kept out, by force, if he prevails, is entitled to recover 3 times the amount of his actual damages or $200.00, whichever is greater, in addition to recovering possession.

(2) Any tenant in possession of premises whose possessory interest has been unlawfully interfered with by the owner, lessor, licensor, or their agents shall be entitled to recover the amount of his actual damages or $200.00, whichever is greater, for each occurrence and, where possession has been lost, to recover possession. Unlawful interference with a possessory interest shall include:

(b) The removal, retention, or destruction of personal property of the possessor.

(c) A change , alteration, or addition to the locks or other security devices on the property without forthwith providing keys or other unlocking devices to the person in possession.

(4) A person who has lost possession or whose possessory interest has been unlawfully interfered with may, if that person does not peacefully regain possession, bring an action for possession pursuant to section 5714(1)(d) of this act or bring a claim for injunctive relief in the appropriate circuit court. A claim for damages pursuant to this section may be joined with the claims for possession and for injunctive relief or may be brought in a separate action.

(6) An action to regain possession of the premises under this section shall be commenced within 90 days from the time the cause of action arises or becomes known to the plaintiff. An action for damages under this section shall be commenced within 1 year from the time the cause of action arises

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Answered on 10/24/02, 10:06 am


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