February 2, 2005, Introduced by Reps. Pastor, Gosselin and Sak and referred to the Committee on Judiciary.
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
otherwise
limits the jurisdiction jurisdictional limits of the
court.
(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 in repairing the premises in the same manner
as it would if the repairs were performed by a third party. A
landlord's labor under this subsection shall be compensated at a
rate the court determines to be reasonable based on standard
industry wages.