July 13, 2016, Introduced by Rep. Forlini and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5741 and 5750 (MCL 600.5741 and 600.5750).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5741. (1) If the jury or the judge finds that the
plaintiff is entitled to possession of all or part of the premises,
or
any part thereof, judgment may be
entered in accordance with the
finding and may be enforced by a writ of restitution as provided in
this
chapter. section 5744. If it is found that the plaintiff is
found
to be entitled to possession of the
premises , in consequence
of
the because of nonpayment of any money due under a tenancy ,
or
the
nonpayment of moneys or required to be paid under an executory
contract for purchase of the premises, the jury or judge making the
finding
shall determine the amount due or in arrears at the time of
trial. which
The amount due
shall be stated in the judgment for
possession. In determining the amount due under a tenancy, the jury
or
judge shall deduct do both
of the following:
(a)
Deduct any portion of the rent which
that the jury or
judge finds to be excused by the plaintiff's breach of the lease or
by
his breach of 1 or more statutory
covenants imposed by section
39
of chapter 66 of the Revised Statutes of 1846, as added, being
section
554.139 of the Compiled Laws of 1948. 1846 RS 66, MCL
554.139.
(b) Add any fee for late payment of rent specified in the
lease, but not more than a monthly fee of the greater of $50.00 or
10% of the rental amount, unless the lessor demonstrates that a
higher late fee specified in the lease is reasonable.
(2) The statement of the amount due in the judgment for
possession
shall be is only for the purpose of prescribing the
amount
which, that, together with taxed costs, shall be paid to
preclude issuance of the writ of restitution under section 5744.
The judgment may include an award of costs, which is enforceable in
the same manner as other civil judgments for money in the same
court.
Sec. 5750. (1) The remedy provided by summary proceedings is
in
addition to, and not exclusive of, other remedies. , either
legal,
equitable or statutory. A judgment
for possession under this
chapter does not merge or bar any other claim for relief, except
that
a as follows:
(a) A judgment for possession after forfeiture of an executory
contract
for the purchase of premises shall merge and bar merges
and bars any claim for money payments due or in arrears under the
contract
at the time of trial. and that a
(b) A judgment for possession after forfeiture of such an
executory
contract which that results in the issuance of a writ of
restitution
shall also bar also bars any claim for money payments
which
that would have become due under the contract subsequent
to
the
time of after issuance of the writ.
(2) The plaintiff obtaining a judgment for possession of any
premises
under this chapter is entitled to may bring a civil action
against the defendant for damages from the time of forcible entry
or
detainer, or trespass, or of the notice of forfeiture, notice to
quit, or
demand for possession. , as the case may be.The damages
may include any fees for late payment of rent specified in the
lease, but not more than a monthly fee of the greater of $50.00 or
10% of the rental amount, unless the lessor demonstrates that a
higher late fee specified in the lease is reasonable.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.