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.