HB-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
(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
(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
(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
(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
(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
(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
A person who has lost possession or
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
The provisions of this section may
not be waived.
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.
As used in this section,
"owner" means the owner,
lessor, or licensor or an agent thereof.
5711. (1) A person
may shall not make any entry
premises unless the entry is permitted by law.
(2) Subject to subsection (3), if entry is permitted by law,
the person shall not enter with force but only in a peaceable
(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
of the premises by summary proceedings in the
(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
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
(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
(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
(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
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.