HB-5069, As Passed House, June 12, 2014HB-5069, As Passed Senate, June 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 5069

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 2918, 5711, and 5714 (MCL 600.2918, 600.5711,

 

and 600.5714), section 2918 as amended by 2013 PA 127 and section

 

5714 as amended by 2012 PA 139.

 

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, 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 is

 


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

 

$200.00, whichever is greater, for each occurrence and, if

 

possession has been lost, to recover possession. Subject to

 

subsection (3), unlawful interference with a possessory interest

 

includes 1 or more of the following:

 

     (a) Use of force or threat of force.

 

     (b) Removal, retention, or destruction of personal property of

 

the possessor.

 

     (c) Changing, altering, or adding to the locks or other

 

security devices on the property without immediately providing keys

 

or other unlocking devices to the person in possession.

 

     (d) Boarding of the premises that prevents or deters entry.

 

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

 

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

 

interruption of a service procured by the tenant or 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) An owner's actions do not unlawfully interfere with a

 

possessory interest if any of the following apply:

 

     (a) The owner acts pursuant to court order.

 

     (b) The owner interferes temporarily with possession only as

 

necessary to make needed repairs or inspection and only as provided

 

by law.

 

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

 


abandoned the premises, and after diligent inquiry 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 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. The owner

 

is not responsible for incorrect contact information provided by

 

the tenant or for the tenant's failure to provide contact

 

information.

 

     (ii) Current rent has not been paid.

 

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

 

deceased for at least 18 days and that there is not a surviving

 

tenant.

 

     (iv) After the requirements of subparagraph (iii) are met and not

 

less than 10 days before the owner reenters to take possession of

 

the premises and dispose of its contents, each of the following

 

occurs:

 

     (A) If the tenant provided contact information under

 

subparagraph (i), the owner makes 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 within

 

28 days after the tenant's death. The owner is not responsible for

 

the authorized person's failure to respond to the notification

 

before the owner's reentry into the premises.

 

     (B) The owner places on the door of the premises a notice

 

indicating the owner's intent to reenter, take possession of the

 


premises, and dispose of its contents after 10 days have elapsed.

 

     (C) The owner notifies the public administrator for the county

 

where the premises are located or, if none, the state public

 

administrator that the owner believes that the tenant is deceased

 

and intends to reenter to take possession of the premises and

 

dispose of its contents if a probate estate is not opened. Upon

 

request by the public administrator before the 10-day period under

 

this subparagraph has elapsed and presentation to the owner of

 

proper credentials and identification, the owner shall give the

 

public administrator access to the premises.

 

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

 

tenant by the public administrator, authorized contact person, or

 

any other person 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.

 

     (4) The opening of a probate estate by a public administrator

 

under subsection (3) is at the sole discretion and shall be at the

 

sole expense of the public administrator.

 

     (5) An owner's actions do not unlawfully interfere with an

 

occupant's possession of premises if the occupant took possession

 

by means of a forcible entry, holds possession by force, or came

 

into possession by trespass without color of title or other

 

possessory interest.

 

     (6) (5) 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)(f) 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.

 

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

 

     (8) (7) 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.

 

     (9) (8) As used in this section, "owner" means the owner,

 

lessor, or licensor or an agent thereof.

 

     Sec. 5711. (1) A person may shall not make any entry into or

 

upon premises unless the entry is permitted by law. If

 

     (2) Subject to subsection (3), if entry is permitted by law,

 

he the person shall not enter with force but only in a peaceable

 

manner.

 

     (3) If the occupant took possession of the premises by means

 

of a forcible entry, holds possession of the premises by force, or

 

came into possession of the premises by trespass without color of

 

title or other possessory interest, the owner, lessor, or licensor

 

or an agent thereof may enter the premises and subsection (2) does

 

not apply to the entry. However, any forcible entry shall not

 

include conduct proscribed by chapter XI of the Michigan penal

 

code, 1931 PA 328, MCL 750.81 to 750.90h.

 

     Sec. 5714. (1) A person entitled to possession of 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 because 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 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 notice to quit for termination of the lease

 

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

 

under the tenant's control, on real property owned or operated by

 

the tenant's landlord, has caused or threatened physical injury to

 

an individual. This subdivision applies only if the police

 

department with jurisdiction has been notified that the person, on

 

real property owned or operated by the tenant's landlord, caused or

 

threatened physical injury to an individual. This subdivision does

 

not apply in either of the following cases:

 

     (i) The individual who was physically injured or threatened is

 

the tenant or a member of the tenant's household.

 

     (ii) Application would result in a violation of federal housing

 


regulations.

 

     (f) 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. This remedy is

 

in addition to the remedy of entry permitted under section 5711(3).

 

     (g) 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) 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 takes effect 90 days

 

after the date it is enacted into law.