Legal Question in Landlord & Tenant Law in Michigan
Landlord/Tenant Dispute and legal matters
Here's the situation...my landlord is evicting us for nonpayment of rent. We are disupting it because we do not feel he is entitled to all of the rent he claims we owe. In the meantime we are behind on ther bills, the landlord and the village official came to our duplex and my boyfriend willingly let them into our home to turn off our water. Yesterday, a policeman showed up at our house stating we were using water illegally. He said they had pictures of a pipe peicing together where it had been removed. How did he get these pictures? Our Landlord entered our home yesterday, un-announced to us while we were at work and took these pictures of a ''pipe''. Now the police are claiming they have us either way and just admit to it. We didn't do anything besides get behind on our bill, and we've been jugging water into the house. They are trying to get us to admit to it because the landlord didn't technically have the right to enter our home, right? Those pictures should me inadmissable, if I understand the law correctly. Our landlord did not notify us of his entry, nor was there an ''emergency'' to where he didn't have to notify us. Even if there were an ''emergency'' as he may claim, he is still supposed to tell us within 2 days, right?
1 Answer from Attorneys
Re: Landlord/Tenant Dispute and legal matters
It was illegal for the landlord to enter your house and obtain the pictures. He must abide by the terms of your lease agreement or provide you with proper notification. If they police did not obtain the pictures, or request that the landlord obtain the pictures on their behalf, then the police could use the pictures against you. However, you would still have a claim against your landlord.
It sounds like cooperation with the police is not something you should be doing at this time. If you do, you could be giving them the evidence they need to charge you with a crime. Don't do it.
Play the wait and see game. Document everything. Have witnesses present when the police or the landlord are speaking with you.
Furthermore, the utility companies are required to follow certain procedures in turning off your water, so could be an issue as well.
I would be interested in knowing more about your situation. If you would like to contact me, please do so at my website, www.lawrefs.com or directly at [email protected]. I have a blog entry about landlord-tenant relationships and your rights which is applicable to this particular situation.
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