The anti-lockout statute, MCL 600.2918, prevents a landlord from unlawfully interfering with a tenant’s possessory interest in the property without a court order including changing, altering, or adding to the locks without immediately providing keys to the tenant. There are serious consequences for violation of the statute. There are some limited exceptions to the rule including when the owner, in good faith, believes that the tenant has abandoned the premises and does not intend to return.
In McLaurin v Miles Docket No. 348022, an unpublished opinion from the Michigan Court of Appeals, the Court applied this exception. In this case, the Plaintiff and Defendant’s landlord-tenant relationship began to fall apart. The Plaintiff stopped paying rent and in response, the Defendant filed eviction proceedings with the ability to evict the Plaintiff starting June 25, 2018.
Prior to the eviction date, on two separate occasions, Defendant’s wife visited the property and observed that Plaintiff had removed all of her possessions. In addition, Defendant had attempted to contact the Plaintiff multiple times to determine if she had moved out but received no response. Defendant then informed Plaintiff of his intent to change the locks on June 27 and once again, received no response.
On June 27, as he said he would, Defendant changed the locks. Plaintiff then returned to the property and changed the locks herself. Defendant then changed the locks for a second time resulting in the suit.
The Court looked to the language of the anti-lockout statute and noted an exception that applies when the owner in good faith believes the tenant has abandoned the property. Since the Defendant had attempted to contact the Plaintiff with no response and documented that the Plaintiff had removed her belongings, the Court ruled that the Defendant was within his right to change the locks.
The key takeaway from this case is that the landlord needs to document the tenant’s abandonment of the premises to rely on that exception.
The full text of the opinion can be found at:
https://law.justia.com/cases/michigan/court-of-appeals-unpublished/2020/348022.html
