HOUSE BILL No. 4975


     June 26, 1997, Introduced by Rep. Profit and referred to the Committee on Commerce.


        A bill to amend 1972 PA 348, entitled

   "An act to regulate relationships between landlords and tenants
   relative to rental agreements for rental units; to regulate the
   payment, repayment, use and investment of security deposits; to
   provide for commencement and termination inventories of rental
   units; to provide for termination arrangements relative to rental
   units; to provide for legal remedies; and to provide penalties,"

   (MCL 534.601 to 554.616) by adding section 1b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 601B.  (1) IF A TENANT VACATES LEASED PREMISES, EITHER

 2    BEFORE OR AT THE TERMINATION OF THE LEASE, AND LEAVES PERSONAL

 3    PROPERTY ON THE PREMISES, THE LANDLORD MAY DO EITHER OF THE

 4    FOLLOWING:

 5         (A) STORE THE PERSONAL PROPERTY, ON OR OFF THE PREMISES, IN

 6    A MANNER DESIGNED TO SAFEGUARD THE PERSONAL PROPERTY.  THE COST

 7    OF REMOVAL AND STORAGE BECOMES A LIEN ON THE PERSONAL PROPERTY.

 8    WITHIN 10 DAYS AFTER THE REMOVAL AND STORAGE OF THE PERSONAL



   03755'97                                                 MGM
                                              2

 1    PROPERTY, THE LANDLORD SHALL NOTIFY THE TENANT OF THE COST OF

 2    REMOVAL AND THE DAILY STORAGE CHARGES.  THE NOTICE MAY BE BY PER-

 3    SONAL SERVICE OR BY FIRST-CLASS MAIL TO THE LAST KNOWN ADDRESS OF

 4    THE TENANT.  MEDICINE OR MEDICAL EQUIPMENT IS NOT SUBJECT TO A

 5    LIEN AND SHALL BE PROMPTLY RETURNED UPON REQUEST.

 6         (B) STORE THE PROPERTY WITHOUT A LIEN AND RETURN IT TO THE

 7    TENANT.

 8         (2) AFTER THE EXPIRATION OF 30 DAYS FROM THE DATE NOTICE WAS

 9    PERSONALLY SERVED OR MAILED UNDER SUBSECTION (1), THE LANDLORD

10    MAY DISPOSE OF THE PROPERTY BY PUBLIC OR PRIVATE SALE OR OTHER

11    APPROPRIATE METHOD.  BEFORE THE SALE, THE LANDLORD SHALL GIVE

12    NOTICE OF THE PROPOSED SALE TO THE TENANT BY PERSONAL SERVICE OR

13    BY FIRST-CLASS MAIL TO THE LAST KNOWN ADDRESS OF THE TENANT.  IF

14    THE TENANT DOES NOT PAY THE LIEN AND CLAIM HIS OR HER PROPERTY

15    WITHIN 10 DAYS AFTER THE NOTICE WAS PERSONALLY SERVED OR MAILED,

16    THE LANDLORD MAY DISPOSE OF THE PROPERTY.  THE PROCEEDS FROM THE

17    SALE, IF ANY, SHALL BE RETURNED TO THE TENANT AFTER THE LANDLORD

18    RETAINS AN AMOUNT TO SATISFY THE LIEN.  IF THE TENANT CANNOT BE

19    LOCATED AND THE TENANT HAS NOT RESPONDED TO THE NOTICE OF THE

20    SALE WITHIN 60 DAYS, THE LANDLORD SHALL IMMEDIATELY SEND THE

21    REMAINING PROCEEDS, IF ANY, TO THE MICHIGAN STATE HOUSING DEVEL-

22    OPMENT AUTHORITY FOR DEPOSIT IN AN ACCOUNT FOR AID TO HOMELESS

23    PERSONS.

24         (3) THE LIEN CREATED IN SUBSECTION (1) APPLIES TO ALL PER-

25    SONAL PROPERTY FOUND ON THE VACATED PREMISES WHETHER OWNED BY THE

26    TENANT OR BY OTHER PERSONS.  THE LIEN IS SUPERIOR TO ANY OTHER

27    RIGHT OR SECURITY INTEREST IN THE PERSONAL PROPERTY.  THE



   03755'97
                                   3

 1    LANDLORD SHALL NOT INCLUDE DAMAGES, OR RENT DUE, AS PART OF THE

 2    AMOUNT RETAINED TO SATISFY THE LIEN CREATED IN SUBSECTION (1).

 3    THE TENANT OR OTHER SECURED PARTY MAY CLAIM THE PERSONAL PROPERTY

 4    AT ANY TIME BEFORE THE SALE BY PAYING THE AMOUNT OF THE LIEN CRE-

 5    ATED IN SUBSECTION (1).














































   03755'97          Final page.                            MGM