HB-4263, As Passed Senate, December 13, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4263

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 2918 (MCL 600.2918).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2918. (1) Any person who is ejected or put out of any

lands or tenements in a forcible and unlawful manner, or being out

is afterwards held and kept out, by force, if he prevails, is

entitled to recover 3 times the amount of his or her actual damages

or $200.00, whichever is greater, in addition to recovering

possession.

     (2) Any tenant in possession of premises whose possessory

interest has been unlawfully interfered with by the owner , lessor,

licensor, or their agents shall be is entitled to recover the

amount of his or her actual damages or $200.00, whichever is

greater, for each occurrence and, where if possession has been

lost, to recover possession. Unlawful Subject to subsection (3),

unlawful interference with a possessory interest shall include

includes 1 or more of the following:

     (a) The use Use of force or threat of force.

     (b) The removal, Removal, retention, or destruction of

personal property of the possessor.

     (c) A change, alteration, or addition Changing, altering, or

adding to the locks or other security devices on the property

without forthwith immediately providing keys or other unlocking

devices to the person in possession.

     (d) The boarding Boarding of the premises which that prevents

or deters entry.

     (e) The removal Removal of doors, windows, or locks.

     (f) Causing, by action or omission, the termination or

interruption of a service procured by the tenant or which that the

landlord is under an existing duty to furnish, which service is so

essential that its termination or interruption would constitute

constructive eviction, including heat, running water, hot water,

electric, or gas service.

     (g) Introduction of noise, odor, or other nuisance.

     (3) The provisions of subsection (2) shall not apply where the

owner, lessor, licensor, or their agents can establish that he An

owner's actions do not unlawfully interfere with a possessory

interest if any of the following apply:

     (a) Acted The owner acts pursuant to court order. or

     (b) Interfered The owner interferes temporarily with

possession only as necessary to make needed repairs or inspection

and only as provided by law. or

     (c) Believed The owner believes in good faith that the tenant

had has abandoned the premises, and after diligent inquiry had has

reason to believe the tenant does not intend to return, and current

rent is not paid.

     (d) All of the following requirements are met:

     (i) The owner believes in good faith that the tenant has been

deceased for at least 30 days and that there is not a surviving

tenant.

     (ii) The owner informed the tenant in writing of the tenant's

option to provide contact information for an authorized person the

owner could contact in the event of the tenant's death.

     (iii) If the tenant provided contact information as provided in

subparagraph (ii), at least 7 days before the owner reenters to take

possession of the premises and dispose of its contents, the owner

made a reasonable attempt to contact the authorized person using

the contact information provided and to request him or her to open

a probate estate for the tenant or to serve as personal

representative if the owner opens a probate estate. The owner is

not responsible for incorrect contact information or for the

authorized person's failure to respond to the notification before

the owner's reentry into the premises.

     (iv) At least 7 days before the owner reenters, the owner

placed a notice on the door of the premises indicating his or her

intent to reenter, take possession of the premises, and dispose of

its contents.

House Bill No. 4263 as amended December 13, 2012

     (v) A probate estate has not been opened for the deceased

tenant in the county in which the premises are located and the

owner has not been notified in writing of the existence of a

probate estate opened in another county and of the name and address

of the personal representative.

     (vi) Current rent has not been paid.

     (4) A person who has lost possession or whose possessory

interest has been unlawfully interfered with may, if that person

does not peacefully regain possession, bring an action for

possession pursuant to section <<5714(1)(d) 5714(1)(f)>> of this act

or bring a

claim for injunctive relief in the appropriate circuit court. A

claim for damages pursuant to this section may be joined with the

claims for possession and for injunctive relief or may be brought

in a separate action.

     (5) The provisions of this section may not be waived.

     (6) An action to regain possession of the premises under this

section shall be commenced within 90 days from the time the cause

of action arises or becomes known to the plaintiff. An action for

damages under this section shall be commenced within 1 year from

the time the cause of action arises. or becomes known to the

plaintiff.

     (7) As used in this section, "owner" means the owner, lessor,

or licensor or an agent thereof.