SENATE BILL No. 64

 

 

January 25, 2011, Introduced by Senators JONES and SCHUITMAKER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5714. (1) A person entitled to premises may recover

 

possession of the premises by summary proceedings in the following

 

circumstances:

 

     (a) When a person holds over premises after failing or

 

refusing to pay rent due under the lease or agreement by which the

 

person holds the premises within 7 days from the service of a

 

written demand for possession for nonpayment of the rent due. For

 

the purpose of this subdivision, rent due does not include any

 

accelerated indebtedness by reason of a breach of the lease under

 

which the premises are held.

 

     (b) When a person holds over premises for 24 hours following


 

service of a written demand for possession for termination of the

 

lease pursuant to a clause in the lease providing for termination

 

because a tenant, a member of the tenant's household, or other

 

person under the tenant's control has unlawfully manufactured,

 

delivered, possessed with intent to deliver, or possessed a

 

controlled substance on the leased premises. This subdivision

 

applies only if a formal police report has been filed by the

 

landlord alleging that the person has unlawfully manufactured,

 

delivered, possessed with intent to deliver, or possessed a

 

controlled substance on the leased premises. For purposes of this

 

subdivision, "controlled substance" means a substance or a

 

counterfeit substance classified in schedule 1, 2, or 3 pursuant to

 

sections 7211 to 7216 of the public health code, 1978 PA 368, MCL

 

333.7211 to 333.7216.

 

     (c) When a person holds over premises in 1 or more of the

 

following circumstances:

 

     (i) After termination of the lease, pursuant to a power to

 

terminate provided in the lease or implied by law.

 

     (ii) After the term for which the premises are demised to the

 

person or to the person under whom he or she holds.

 

     (iii) After the termination of the person's estate by a notice

 

to quit as provided by section 34 of 1846 RS 66, MCL 554.134.

 

     (d) When the person in possession willfully or negligently

 

causes a serious and continuing health hazard to exist on the

 

premises, or causes extensive and continuing physical injury to the

 

premises, which was discovered or should reasonably have been

 

discovered by the party seeking possession not earlier than 90 days


 

before the institution of proceedings under this chapter and when

 

the person in possession neglects or refuses for 7 days after

 

service of a demand for possession of the premises to deliver up

 

possession of the premises or to substantially restore or repair

 

the premises.

 

     (e) When a person holds over premises for 7 days following

 

service of a written demand for possession for termination of the

 

lease after the tenant, a member of the tenant's household, or a

 

person under the tenant's control, on premises owned or operated by

 

the tenant's landlord, causes or threatens physical injury to

 

another tenant or occupant of the premises, a guest, or an agent or

 

employee of the landlord.

 

     (f) (e) When a person takes possession of premises by means of

 

a forcible entry, holds possession of premises by force after a

 

peaceable entry, or comes into possession of premises by trespass

 

without color of title or other possessory interest.

 

     (g) (f) When a person continues in possession of premises sold

 

by virtue of a mortgage or execution, after the time limited by law

 

for redemption of the premises.

 

     (h) (g) When a person continues in possession of premises sold

 

and conveyed by a personal representative under license from the

 

probate court or under authority in the will.

 

     (2) A tenant or occupant of housing operated by a city,

 

village, township, or other unit of local government, as provided

 

in 1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c, is not considered

 

to be holding over under subsection (1)(b) or (c) unless the

 

tenancy or agreement has been terminated for just cause, as


 

provided by lawful rules of the local housing commission or by law.

 

     (3) A tenant of a mobile home park is not considered to be

 

holding over under subsection (1)(b) or (c) unless the tenancy or

 

lease agreement is terminated for just cause pursuant to chapter

 

57a.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 65                                        

 

            of the 96th Legislature is enacted into law.