What to do about tresspassers on the property that you rent?
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What to do about tresspassers on the property that you rent?
We rent a home on 2 acres. We have lived here for 6 months. Our landlord had allowed someone to store some things on our property prior to our lease. They came onto the property without our permission and without notice to retrieve their things. After returning a second time, we asked them to leave and they refused, stating the landlord said they could be there. I called our local sheriff who arrived shortly thereafter only to tell me that he would have to contact the landlord before he could ask them to leave. After being unable to reach our landlord, he left a message, and said there was nothing he could do. They could stay and it was a civil matter? I am livid and I believe that the officer is very wrong. While I am not wanting to prosecute the trespassers, I want to know that police officers are doing their part in maintaining and upholding our laws. Can you help me? Is anyone allowed to come onto our property at any time of day or night as long as the landlord says so? My lease is specific to landlord entering but nothing beyond that.
Asked on November 18, 2012 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the landlord granted them permission, they are not trespassers (since the property owner gave them authority to enter), BUT the landlord may be violating the lease, by not giving you the full and undisturbed possession you are entitled to (for example, he may be seen as disturbing your "quiet enjoyment" of th premises). You could possibly take legal action against the landlord, seeking both monetary compensation for the disturbance and/or a court order that he cease doing this. You should speak with an employment law attorney about the situation and vindicating your rights.
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