Can Police Remove Squatters in Michigan?
Squatters, also known as unauthorized occupants, are individuals who occupy a property without the owner’s consent. In Michigan, the legal process for removing squatters from a property can be complex and time-consuming. While police can play a role in the removal process, they are not the primary authority responsible for evicting squatters.
Can Police Remove Squatters?
In Michigan, police officers do not have the authority to forcibly remove squatters from a property. According to Michigan law, police can only assist in the removal process by providing a secure perimeter and ensuring the safety of all parties involved [1]. The primary responsibility for removing squatters rests with the property owner or a court-ordered eviction process.
Legal Process for Removing Squatters
To remove a squatter from a property in Michigan, the property owner must follow a specific legal process. Here are the steps involved:
- Serve a Notice: The property owner must serve a notice on the squatter, stating that they have 14 days to vacate the premises. This notice must be served in person or by certified mail.
- File a Complaint: If the squatter does not vacate the premises, the property owner must file a complaint with the court, seeking an eviction order.
- Eviction Hearing: The court will schedule an eviction hearing, where the property owner must prove that they are the rightful owner of the property and that the squatter is occupying the property without their consent.
- Eviction Order: If the court finds in favor of the property owner, they will issue an eviction order, which allows the sheriff to remove the squatter from the property.
- Warrant of Removal: The sheriff will execute the warrant of removal, which allows them to physically remove the squatter from the property.
Additional Options
In some cases, the property owner may have additional options for removing a squatter, including:
- Criminal Trespass: If the squatter is trespassing on the property, the property owner can file a criminal trespass complaint with the police. If convicted, the squatter could face criminal charges and potentially be removed from the property.
- Civil Suit: The property owner can file a civil suit against the squatter, seeking damages and/or an injunction to prevent further occupation of the property.
Tips for Property Owners
To increase the chances of successfully removing a squatter from a property in Michigan, property owners should:
- Document Everything: Keep a record of all interactions with the squatter, including dates, times, and details of conversations.
- Secure the Property: Take steps to secure the property, including boarding up windows and doors, to prevent further occupation.
- Seek Legal Advice: Consult with an attorney experienced in eviction law to ensure compliance with Michigan law and to increase the chances of a successful eviction.
Conclusion
Removing a squatter from a property in Michigan can be a complex and time-consuming process. While police can assist in the removal process, they are not the primary authority responsible for evicting squatters. Property owners must follow a specific legal process, including serving a notice, filing a complaint, and seeking an eviction order. By understanding the legal process and taking additional steps to secure the property, property owners can increase the chances of successfully removing a squatter from their property.
References
[1] Michigan Compiled Laws, Section 600.2912a (2018)Additional Resources
- Michigan State Police: Eviction and Squatting (PDF)
- Michigan Association of Realtors: Evicting Squatters (PDF)
- American Property Law Association: Squatting and Eviction in Michigan (PDF)
