HB-5069, As Passed House, November 14, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 5069

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 2918, 5711, and 5714 (MCL 600.2918, 600.5711,

and 600.5714), section 2918 as amended by 2013 PA 127 and section

5714 as amended by 2012 PA 139.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2918. (1) Any person who is ejected or put out of any

lands or tenements in a forcible and unlawful manner, or being out

is afterwards held and kept out, by force, is entitled to recover 3

times the amount of his or her actual damages or $200.00, whichever

is greater, in addition to recovering possession.

(2) Any tenant in possession of premises whose possessory

interest has been unlawfully interfered with by the owner is

entitled to recover the amount of his or her actual damages or

$200.00, whichever is greater, for each occurrence and, if

possession has been lost, to recover possession. Subject to

subsection (3), unlawful interference with a possessory interest

includes 1 or more of the following:

(a) Use of force or threat of force.

(b) Removal, retention, or destruction of personal property of

the possessor.

security devices on the property without immediately providing keys

or other unlocking devices to the person in possession.

(d) Boarding of the premises that prevents or deters entry.

(e) Removal of doors, windows, or locks.

(f) Causing, by action or omission, the termination or

interruption of a service procured by the tenant or that the

landlord is under an existing duty to furnish, which service is so

essential that its termination or interruption would constitute

constructive eviction, including heat, running water, hot water,

electric, or gas service.

(g) Introduction of noise, odor, or other nuisance.

(3) An owner's actions do not unlawfully interfere with a the

possessory interest of a tenant if any of the following apply:

(a) The owner acts pursuant to court order.

(b) The owner interferes temporarily with possession only as

necessary to make needed repairs or inspection and only as provided

by law.

abandoned the premises, and after diligent inquiry has reason to

believe the tenant does not intend to return, and current rent is

not paid.

(d) The tenant took possession of the premises by means of a

forcible entry, holds possession of the premises by force after a

peaceable entry, or came into possession of the premises by

trespass without color of title or other possessory interest.

(e) ~~(d)~~ All of the following requirements are met:

(i) The owner informed the tenant in writing of the tenant's

option to provide contact information for an authorized person the

owner could contact in the event of the tenant's death. The owner

is not responsible for incorrect contact information provided by

the tenant or for the tenant's failure to provide contact

information.

(ii) Current rent has not been paid.

(iii) The owner believes in good faith that the tenant has been

deceased for at least 18 days and that there is not a surviving

tenant.

(iv) After the requirements of subparagraph (iii) are met and not

less than 10 days before the owner reenters to take possession of

the premises and dispose of its contents, each of the following

occurs:

(A) If the tenant provided contact information under

subparagraph (i), the owner makes a reasonable attempt to contact

the authorized person using the contact information provided and to

request him or her to open a probate estate for the tenant within

28 days after the tenant's death. The owner is not responsible for

the authorized person's failure to respond to the notification

before the owner's reentry into the premises.

(B) The owner places on the door of the premises a notice

indicating the owner's intent to reenter, take possession of the

premises, and dispose of its contents after 10 days have elapsed.

where the premises are located or, if none, the state public

administrator that the owner believes that the tenant is deceased

and intends to reenter to take possession of the premises and

dispose of its contents if a probate estate is not opened. Upon

request by the public administrator before the 10-day period under

this subparagraph has elapsed and presentation to the owner of

proper credentials and identification, the owner shall give the

public administrator access to the premises.

(v) A probate estate has not been opened for the deceased

tenant by the public administrator, authorized contact person, or

any other person in the county in which the premises are located

and the owner has not been notified in writing of the existence of

a probate estate opened in another county and of the name and

address of the personal representative.

(4) The opening of a probate estate by a public administrator

under subsection (3) is at the sole discretion and shall be at the

sole expense of the public administrator.

(5) A person who has lost possession or whose possessory

interest has been unlawfully interfered with may, if that person

does not peacefully regain possession, bring an action for

possession pursuant to section 5714(1)(f) or bring a claim for

injunctive relief in the appropriate circuit court. A claim for

damages pursuant to this section may be joined with the claims for

possession and for injunctive relief or may be brought in a

separate action.

(6) The provisions of this section may not be waived.

(7) An action to regain possession of the premises under this

section shall be commenced within 90 days from the time the cause

of action arises or becomes known to the plaintiff. An action for

damages under this section shall be commenced within 1 year from

the time the cause of action arises.

(8) As used in this section, "owner" means the owner, lessor,

or licensor or an agent thereof.

Sec. 5711. (1) A person ~~may~~ shall not make any entry into or

upon premises unless the entry is permitted by law. If

(2) Subject to subsection (3), if entry is permitted by law,

he the person shall not enter with force but only in a peaceable

manner.

(3) If the occupant took possession of the premises by means

of a forcible entry, holds possession of the premises by force

after a peaceable entry, or came into possession of the premises by

trespass without color of title or other possessory interest, the

owner, lessor, or licensor or an agent thereof may enter the

premises and subsection (2) does not apply to the entry.

Sec. 5714. (1) A person entitled to possession of premises may

recover possession ~~of the premises~~ by summary proceedings in the

following circumstances:

(a) When a person holds over premises after failing or

refusing to pay rent due under the lease or agreement by which the

person holds the premises within 7 days from the service of a

written demand for possession for nonpayment of the rent due. For

the purpose of this subdivision, rent due does not include any

accelerated indebtedness ~~by reason~~ because of a breach of the lease

under which the premises are held.

(b) When a person holds over premises for 24 hours following

service of a written demand for possession for termination of the

lease pursuant to a clause in the lease providing for termination

because a tenant, a member of the tenant's household, or other

person under the tenant's control has unlawfully manufactured,

delivered, possessed with intent to deliver, or possessed a

controlled substance on the leased premises. This subdivision

applies only if a formal police report has been filed alleging that

the person has unlawfully manufactured, delivered, possessed with

intent to deliver, or possessed a controlled substance on the

leased premises. For purposes of this subdivision, "controlled

substance" means a substance or a counterfeit substance classified

in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the

public health code, 1978 PA 368, MCL 333.7211 to 333.7216.

following circumstances:

(i) After termination of the lease, pursuant to a power to

terminate provided in the lease or implied by law.

(ii) After the term for which the premises are demised to the

person or to the person under whom he or she holds.

(iii) After the termination of the person's estate by a notice

to quit as provided by section 34 of 1846 RS 66, MCL 554.134.

(d) When the person in possession willfully or negligently

causes a serious and continuing health hazard to exist on the

premises, or causes extensive and continuing physical injury to the

premises, which was discovered or should reasonably have been

discovered by the party seeking possession not earlier than 90 days

before the institution of proceedings under this chapter and when

the person in possession neglects or refuses for 7 days after

service of a demand for possession of the premises to deliver up

possession of the premises or to substantially restore or repair

the premises.

(e) When a person holds over premises for 7 days following

service of a written notice to quit for termination of the lease

after the tenant, a member of the tenant's household, or a person

under the tenant's control, on real property owned or operated by

the tenant's landlord, has caused or threatened physical injury to

an individual. This subdivision applies only if the police

department with jurisdiction has been notified that the person, on

real property owned or operated by the tenant's landlord, caused or

threatened physical injury to an individual. This subdivision does

not apply in either of the following cases:

(i) The individual who was physically injured or threatened is

the tenant or a member of the tenant's household.

(ii) Application would result in a violation of federal housing

regulations.

(f) When a person takes possession of premises by means of a

forcible entry, holds possession of premises by force after a

peaceable entry, or comes into possession of premises by trespass

without color of title or other possessory interest. This remedy is

in addition to the remedy of entry permitted under section 5711(3).

(g) When a person continues in possession of premises sold by

virtue of a mortgage or execution, after the time limited by law

for redemption of the premises.

(h) When a person continues in possession of premises sold and

conveyed by a personal representative under license from the

probate court or under authority in the will.

(2) A tenant or occupant of housing operated by a city,

village, township, or other unit of local government, as provided

in 1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c, is not considered

to be holding over under subsection (1)(b) or (c) unless the

tenancy or agreement has been terminated for just cause, as

provided by lawful rules of the local housing commission or by law.

(3) A tenant of a mobile home park is not considered to be

holding over under subsection (1)(b) or (c) unless the tenancy or

lease agreement is terminated for just cause pursuant to chapter

57a.