HB-4171, As Passed House, March 1, 2006
SUBSTITUTE FOR
HOUSE BILL NO. 4171
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5739 (MCL 600.5739).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5739. (1) Except as provided by court rules, a party to
summary proceedings may join claims and counterclaims for money
judgment for damages attributable to wrongful entry, detainer, or
possession, for breach of the lease or contract under which the
premises were held, or for waste or malicious destruction to the
premises. ,
but the The court may order separate summary
disposition of the claim for possession, without prejudice to any
other claims or counterclaims. A claim or counterclaim for money
judgment
shall not exceed the amount in controversy which that
otherwise limits the jurisdiction of the court.
House Bill No. 4171 (H-3) as amended February 28, 2006
(2) If the court awards damages for physical injury to the
premises under subsection (1) by making an award for or based on
the cost of repairs, the court shall award damages for labor
expended by a landlord or property manager in repairing the
premises in the same manner as it would if the repairs were
performed by a third party. A landlord's or property manager's
labor under this subsection shall be compensated at a rate the
court determines to be reasonable based on [usual and customary charges
for the repairs.
]
(3) If the court determines that the landlord breached the
lease or contract under which the premises were held by failing to
repair the premises and awards damages under subsection (1) by
making an award for or based on the cost of repairs, the court
shall award damages for labor expended by the tenant in repairing
the premises in the same manner as it would if the repairs were
performed by a third party. A tenant's labor under this subsection
shall be compensated at a rate the court determines to be
reasonable based on [usual and customary charges for the repairs.]
Enacting section 1. This amendatory act takes effect June 1,
2006.