HOUSE BILL No. 4171

 

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.