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Section 600.5718

Act 236 of 1961

600.5718 Demand for possession or payment; service; definitions.

Sec. 5718.

(1) The demand provided for in section 5716 may be served by any of the following means:

(a) Personal delivery to the person in possession.

(b) Personal delivery on the premises to a member of the family or household or an employee of the person in possession, who is of suitable age and discretion, with a request that it be delivered to the person in possession.

(c) First-class mail addressed to the person in possession. If the demand is mailed, the date of service for purposes of this chapter is the next regular day for delivery of mail after the day when it was mailed.

(d) Subject to subsection (2), by electronic service, if the person in possession has in writing specifically consented to electronic service of the demand and if the consent or confirmation of the consent has been sent by 1 party and affirmatively replied to, by electronic transmission, by the other party.

(2) The electronic service address used by a party in the process under subsection (1)(d) shall be considered to remain that party's correct, functioning electronic service address, unless the process under subsection (1)(d) is repeated using a different electronic service address for that party or unless that party notifies the other in writing that that party no longer has an electronic service address. A landlord shall not refuse to enter a lease because the prospective tenant declines to consent to electronic service under this section.

(3) As used in this section:

(a) "Document" means a digital image of a record originally produced on paper or originally created by an electronic means, the output of which is readable by sight and can be printed to paper.

(b) "Electronic notification" means the notification to a person that a document is served by sending an electronic message to the electronic service address at or through which the person has authorized electronic service, specifying the exact name of the document served or providing a hyperlink at which the served document can be viewed and downloaded, or both.

(c) "Electronic service" means service of a document on a person by either electronic transmission or electronic notification.

(d) "Electronic service address" of a person means the electronic address at or through which the person has authorized electronic service.

(e) "Electronic transmission" means the transmission of a document by electronic means to the electronic service address at or through which a person has authorized electronic service.

History: Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2015, Act 36, Eff. Aug. 19, 2015

© 2009 Legislative Council, State of Michigan