A homeowner was away from her house for several months, and when she came back, there was someone living in her house, who refused to leave. This someone was “Missionary-Tracey Elaine Blair”
Bizarrely, and in another example of the horrendous laws that give not only malicious tenants but also squatters far too many “rights”, the homeowner was not allowed to have the squatter removed!
A squatter doesn’t have a legal right to the property, but under the law the homeowner cannot remove a squatter by force. In most cases, the homeowner has to file a civil action in court, prove it’s their property and evict the squatter. That is what Peterson is now attempting to do.
Since Peterson has spent all of her money on the house, she said she can’t afford to go anywhere else, and so until she can legally kick the woman out, they are forced to live under the same roof.
How tragically ridiculous that anyone would have to file a court action to “prove” that their property is their own property.
2nd article about this situation:
“Missionary Tracey Elaine Blair” — a malicious squatter:
However, some new laws have been passed to help protect property owners in Detroit, after squatting became particularly problematic there.
See this article about 2 new laws passed in 2014:
The new laws:
1. HB 5069/PA 223 amends the revised judicature act to allow a landlord to use force (but not including assault) and self-help when recovering possession of premises from a person who came into possession by trespass (squatting).
Translation: Previously, an eviction action (unlawful detainer) had to be filed in court to remove all occupants even if they did not have a valid lease. Now, for occupants who are there illegally or as a result of trespassing the landlord can use “self-help” to remove the sqautters. (This does not apply to residents that had a lease that has expired). This allows the landlord to change the locks and remove items belonging to the residents. Physically removing a person is not allowed as that is technically assault. However, combined with the other new laws that make squatting a crime, you could have a squatter arrested by the police.
2. HB 5070/PA 224 makes squatting in a single family house or a duplex a misdemeanor for the first offense, with a $5,000 maximum fine and 180 day maximum sentence; and a felony for second and subsequent offenses, with a $10,000 maximum fine and a 2 year maximum sentence.
Translation: This is a new law. Squatting was not a crime before, other than trespassing, and in fact, Michigan also has a law allowing adverse possession, otherwise known as “squatters rights.” Previously the real owner had to file charges for trespassing.
3. HB 5071/PA 225 identifies the felony for second and subsequent squatting offenses as a class G felony with a 2 year maximum sentence.
Translation:A legal expert at the city explains that that this law is tougher, but not to expect many more convictions. “For the most part most squatters are doing it because they need to. However, I think it will make it much easier for property owners to take over foreclosures and auction properties if they don’t have to proceed through the whole eviction process for every new property they acquire.”
HEre is a video about some freeloader squatters who just “grabbed” an abandoned house and started living there: