Squatters Rights

[propertyquest]

I have a question and comment.

My question is what are the laws to remove squatter from an owner property
The police were absolutely useless in getting squatters removed.
Police were contacted 3 times by the owner, the squatters also called.
The owner was unable to have these trespassers/squatters removed by police squatters on the property had turned on lights illegally which the owner pointed out to the police, moved in a Big Flat Screen TV, livingroom furniture a hotwater tank not yet installed, numrous Cats running around and matterss on the floor in each bedroom. There is no running water or heat in the house. The police didn't consider any of the issue including proof of ownership by the owner. What rights does the Tax paying Owner have when the police are not doing their job and the owner was given a harder time then the squatter. The squatters provided two differnt leese agreements the 1st day thery were called the leese had more white-out then typing on the paperwork stated they had been living there 3 weeks the next day because the owner allowed, per the Police Offers request they be able to stay overnight due to a toddler in the house. The Squatter still had not moved by the next evening when the owner insisted they leave the squatter called police again and provided the 2nd leese agreement stating they had been there 3 months instead of 3 weeks. When the house was purchased the house had been vancant a year or more and the house is checked on every 24/48 hours the owner lives only 5 blocks away.
The owner was asked by an police officer to let them stay 5 more days rather the remove the squatter, which will give them more valid time to do whatever they want to the property be it improve or destroy. forcing the owner to have to go through charges for eviction paperwork, court date etc. Please help what is the soluction without going throug the court system and giving these squatter more time in the property? I did find online a site that give squatter how to instructions and these squatter seem to be following the instruction listed there

[Ray1936]

The circumstances you describe are strictly a civil matter, not criminal. The police cannot involve themselves in civil disputes. You need an attorney to take the matter to a civil court.

[propertyquest]

Thank you Ray for your reply. Would trespassing be under civil as well?

[SWMAP]

As for illegal utility connection, the owner needs to GO IN to a DTE center and report that the utilities are being stolen. Get the contact in the theft office and keep calling. This is dangerous to all involved, as it means jumping the meter. The meter reader cannopt remove the jumper mechanism - only properly equipped DTE personel can do that safely. Problem is: there are thousands of people stealing electricity, so it may take DTE awhile to get over there.

If they are using water, the Water Department should be notified by the owner that they are in the house and stealing water. Again, thousands - but the water department is trying to keep up with this because needs every cent!

[Zimm]

if there's one thing Detroit has no shortage of, it's thugs with guns. why not just hire some and run the squatters out?

[Retroit]

This is what I would do if I were the owner:

When I know for sure that the "squatters" are in the home, I would go to the home and call 911 on my cell phone and say "I would like to report a Breaking and Entering in process at [[address)." When the police came, I would show them my proof of ownership and demand that the "squatters" be arrested.

[SWMAP]

The police obviously want to "keep the peace." Ray is right - this is a civil matter. A landlord has to be financially prepared to go to court and eveict tenants - especially tenants that produce documents [[however bogus they may be). The DPD are not eviction practicioners - the court has bailiffs for that.

[Retroit]

So in other words, if I want to burglarize a home, I should draw up a fake lease beforehand to give to the police so they'll leave me alone?

propertyquest, could you please verify that there is no valid lease?

[Det_ard]

propertyquest, it sucks that someone can basically steal your house and the police won't do anything. Given that it'll probably take several months to get them out [[and another to fix any damage they do, enjoy), they could run this scam three or four times a year and live for free with no repercussions.

Maybe they could be persuaded to leave early with some "unofficial" tactics, but beware the bleeding-heart Wayne County judges. You could get screwed twice.

[Chub]

This is what I would do. It's simple, but may take many hours of time sitting in your car. I have to think it'd be worth it though, Just sit and wait for the squatters to leave the house. They have to go out for food or something at some point, right? When they leave, you go in and change all the locks. Make sure to bring someone with you to help change the locks quickly. Also bring a weapon in case you may have to defend yourself in an attack. This is dangerous stuff, I know, but if it's truly your home and someone has stolen it....well...good luck, you'll need it.

[Det_ard]

Before anyone beats me to it, "this can happen anywhere". In fact, if the students who occupied a building to protest tuition increases at UC Berkley had had the foresight that our local squatters have, they could have waved a fake lease at the police and kept them at bay for a few months, right?

[swingline]

If you ask the average police officer, he or she will tell you that the police are powerless to do anything under the circumstances described by the original poster. The DPD almost always claims that all they can do is advise rightful owners to go to civil court and get an order of eviction. But they are wrong and this typical response by the DPD needs to change.

Michigan law includes a criminal trespass statute. The availability of a civil eviction remedy for a property owner does not somehow supercede the penal code regarding trespass. If a police officer has probable cause to believe that someone has broken the criminal trespass statute, the violator/trespasser can be arrested. Post-arrest bond conditions can include an order to leave the premises immediately. In a squatter/trespass case, probable cause that a tresspass is occurring consists of credible proof of ownership from a complainant, coupled with things like no working utilities, no ability to produce old utility bills, no written lease, an inability to provide contact information for a purported landlord, no mail addressed to the suspect[[s) at the subject address, etc. In most squatter cases, such probable cause evidence could be obtained in a 30 minute or less interview by a police officer. But the DPD is highly reluctant to have its officers engage in this type of police work outside of the patrol car for alleged crimes that are non-violent.

Sure, the DPD has to make tough decisions about its allocation of resources every day. But ignoring this type of widespread crime is causing a very serious quality of life problem in Detroit's neighborhoods. It's an issue that the media should pick up. There are lots of property owner victims and plenty of potential for "visuals." Responsibility should be imposed on Chief Evans and Mayor Bing. Somebody should stick a microphone in front of them and try to get some answers.

[Det_ard]

Mighty fine post.^^^^^^^^^^^

[softailrider]

Make sure you have an insurance policy on the dwelling that includes vandalism coverage. I'll say it again- includes vandalsim coverage. When you do finally get to evict them at least you'll be able to file a claim and recover some money for the damages they almost certainly will cause.

[Ray1936]

Swingline, even if the criminal trespass act were enforced by the police in this circumstance, it is at best a misdemeanor and more likely to result in a miscellaneous ticket, or citation. But basically it is still a civil matter.

Chub's suggestion has substance.

[sumas]

Maybe try Social Services. Sounds like the Parents should be arrested for child endangerment.

[Chub]

Thanks Ray, I truly believe the simplest solution for this problem is to do exactly as I stated in my last post. I should know; I had to deal with a group of crack head squatters in the house next door to mine five years ago. I kept a good eye on who was coming in and out of the house. Once I knew they were out of the house, I ran over with a friend and really secured the house. They did try to break back in, but after a few times with no luck, they gave up. Problem solved.

[Jimaz]

Is it illegal to set off stinkbombs in your own house?

[lafayette]

What kind of condition was your house in? Was it in major disrepair and looked abandoned?

[softailrider]

Don't ever try and remove squatters from your property with a weapon. That would be the dumbest move you could make.

[Capnhook]

Advice I heard along the way was to go to your house during the day and simply remove all of the exterior doors. Don't know how practical that is but it was offered to me along the way.

[MikeM]

Oooh, that's devious! I like it.

[Toolbox]

Plywood, 2x6's, 4 inch deck screws and a few friends with screw guns.

If you want to be a real dick long carrige bolts from outside to inside.

Don't tell the police they are squatters. Tell them the building was broken into and you want to make sure it is not occupied when you go to secure it.

You need to know how to word the questions and statements to get what you want.