My friend was evicted from his apartment because he could not keep up with payments and on the day of his eviction the Landlord locked the doors. His personal belongings where still inside. The following day the landlord did not give him notice and threw his things away but when he contacted them about everything they said they gave him 24hrs to retrieve his belongings. They gave him no such notice nor did he see anything such. Is this Legal or can he take them to court for unlawful removal of personal property?
I will tell you what should have happened, and then you can compare that to what did happen to answer the question - absent some more specific info from you, your question cannot be answered.
To evict a tenant, the landlord first gives notice. Typically seven day notice to quit for non-payment, thirty day for termination of tenancy.
After that, if the tenant does not pay in full or move, the landlord would file a complaint seeking possession and possibly a money judgment. Landlord gets a court date and has tenant served with summons and complaint within proper time period.
Hearing occurs at district court. District court enters a possession judgment. Possession judgment gives tenant 10 days to FULLY pay. All back rent then owed, plus late fees, plus any utilities or other charges per lease, plus court costs. If tenant pays on or before the day noted on the judgment, tenant retains possession in a non-payment case. If tenant does not pay by the date noted, the next day, landlord can file for a writ of eviction. On that day, the deputy sheriff can remove the tenant and all belongings from the property.
As you can see, the way things should happen is driven by the various dates, particularly the date on the possession judgment. After the last day to pay, the court order said your friend no longer had any right to possession. He was already given notice of that date when the judgment was entered, and a lock-out after the last day to pay in full should have been expected.
The extra 24 hours was not required. He was owed no notice beyond what he got. Assuming all of the above steps were followed, of course...
Attorney Stephens has given you a great answer. For more information regarding Landlord/Tenant issues in Michigan, here is a link to a Free Publication available from the State of Michigan:
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