Squatters in Michigan

Michigan Laws, Your Rights

KOMORN LAW

STATE and FEDERAL
Aggressive Legal Defense
All Criminal Allegations / DUI / Drugs
Since 1993

Squatters

Squatting, in one definition is the unauthorized occupation of a property, can be a frustrating ordeal for property owners in Michigan. Understanding the relevant laws and procedures is crucial for regaining possession of your property.

Squatting vs. Adverse Possession: Key Differences

Michigan law differentiates between squatting and adverse possession. Squatting refers to the unlawful occupation of a property without the owner’s consent. In contrast, adverse possession allows someone who isn’t the legal owner to gain ownership rights under specific circumstances, as outlined in MCL § 600.5801. To establish adverse possession, an occupant must demonstrate:

  • Continuous occupancy: Occupying the property for at least 15 consecutive years (MCL § 600.5801(1)).
  • Color of title: Possessing a document, though potentially flawed, that suggests ownership (MCL § 600.5801(2)). However, simply paying rent or utilities doesn’t constitute color of title.
  • Payment of property taxes: Paying property taxes for at least ten consecutive years (MCL § 600.5801(2)).

Open, notorious, and hostile possession: Occupying the property openly, demonstrably, and claiming it as their own, even if mistakenly (MCL § 600.5801(3, 4)).

The burden of proof lies with the squatter to establish adverse possession. Notably, Michigan courts have interpreted these requirements strictly, making it difficult for squatters to gain ownership rights.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Self-Help Eviction: A Unique Feature in Michigan

Michigan offers a unique remedy for property owners facing squatters: self-help eviction. Unlike most states, Michigan law allows owners to take specific steps to make the property unappealing for squatters, encouraging them to leave voluntarily.

Important Caveats: It’s crucial to note that self-help eviction has limitations:

No removal of belongings: Owners cannot remove the squatter’s belongings or physically force them out.

Tenant vs. squatter: This method only applies to squatters, not tenants with a valid lease agreement. Evicting tenants requires a formal eviction process through the court system.

Potential legal repercussions: Improper use of self-help measures could result in legal action from the squatter. Consulting an attorney before taking any steps is highly recommended.

Getting Rid of Squatters

If you discover that someone unauthorized is occupying your property, contact the police. However, be aware that the police may consider it a civil issue and advise you to pursue eviction through the courts. It is important to note that squatting is considered a misdemeanor in Michigan, even if law enforcement may not be fully aware of this fact.

Instead of waiting on or dealing with the police, property owners in Michigan can take action to remove illegal occupants within the limits of the law:

 

  • Kindly request the squatter to vacate the premises within a specified timeframe.
  • Notify the squatter that legal measures will be pursued if they fail to comply promptly.
  • While the squatter is away from the property, consider changing the locks, securing entry points, boarding up windows, and implementing additional barriers like fences to prevent re-entry.

Is a Verbal Agreement Legal?

Is Oral Legal?Verbal agreements, also called oral contracts, can be legal and enforceable in Michigan, but with some limitations. Here's a breakdown: Generally Enforceable: Michigan law recognizes verbal contracts as valid if they meet the standard elements of a...

Squatters and the Law in Michigan

Squatters and YouSquatting, in one definition is the act of occupying a property without legal permission, can be a headache for both property owners and squatters themselves. Sorry to cause you a such a headache squatter. Michigan has specific laws addressing...

Criminal Trespass: Legal Ramifications of Squatting

Squatting in Michigan is considered criminal trespass under MCL 750.553. This statute classifies trespassing as a misdemeanor for first offenses, punishable by fines up to $5,000 or imprisonment for up to 180 days, or both. Subsequent offenses become felonies with steeper penalties.

There are additional trespassing classifications based on the property type:

  • Residential property: Trespassing on a single-family or two-family dwelling is typically a misdemeanor.
  • Commercial property: Trespassing on commercial buildings, industrial sites, construction zones, or utility property can be charged as a felony.

Property owners who suspect squatting should contact law enforcement. Officers can remove squatters if they lack a legal right to be on the property.

The Law

750.553 Occupancy of building without consent; violation; penalty; exception.

Sec. 553.

    (1) Except as provided in subsection (2), an individual who occupies a building that is a single-family dwelling or 1 or both units in a building that is a 2-family dwelling and has not, at any time during that period of occupancy, occupied the property with the owner’s consent for an agreed-upon consideration is guilty of a crime as follows:
    (a) For a first offense, a misdemeanor punishable by a fine of not more than $5,000.00 per dwelling unit occupied or imprisonment for not more than 180 days, or both.
    (b) For a second or subsequent offense, a felony punishable by a fine of not more than $10,000.00 per dwelling unit occupied or imprisonment for not more than 2 years, or both.
    (2) Subsection (1) does not apply to a guest or a family member of the owner of the dwelling or of a tenant.

Other Articles

Pending Charges?

Pending Charges?

Pending Charges. Don't wait. Get ahead of their game. If you have been arrested but not charged yet. Don't wait while they build evidence and take your statements to use against you! They may just be building a case against you and letting you get more comfortable...

Gov. Whitmer Signs Gun Violence Prevention

Gov. Whitmer Signs Gun Violence Prevention

April 13, 2023 FOR IMMEDIATE RELEASE April 13, 2023  Gov. Whitmer Signs Commonsense Gun Violence Prevention Legislation to Keep Michigan Communities Safe Establishes universal background checks for all firearm purchases, safe storage requirements...

Federal Court Strikes Down Gun Ban For People Who Use Marijuana

Federal Court Strikes Down Gun Ban For People Who Use Marijuana

The federal government's justification for upholding the law is "concerning," according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional. A man was charged in Oklahoma in 2022 after police found marijuana and a handgun...

Police found my friend’s drugs in my car-What do I do?

Police found my friend’s drugs in my car-What do I do?

When you're pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That's up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The...

More Posts

Michigan Court Rules

Michigan Court Rules

MICHIGAN COURT RULES OF 1985Updated February 13, 2024 The Michigan Court Rules The Michigan Rules of Court are the rules adopted by the Michigan Supreme Court to govern...

read more
The Intoxilyzer 9000 (part 1)

The Intoxilyzer 9000 (part 1)

The Intoxilyzer 9000 (part 1 of 2)Roll-Out The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing...

read more
The Intoxilyzer 9000 (part 2)

The Intoxilyzer 9000 (part 2)

The Intoxilyzer 9000 (part 2 of 2)Using it The Intoxilyzer is user-friendly and equipped with a built-in feature to alert officers of any potential issues. As a...

read more

More Posts

Michael Komorn-Criminal Defense Attorney

About Your Attorney

Attorney Michael Komorn

Categories

Law Firm VIctories

Your Rights

Share This