October 9, 2013, Introduced by Rep. Heise and referred to the Committee on Criminal Justice.
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 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
, if he prevails, 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, lessor,
or
licensor , or their agents shall be by an agent of the owner,
lessor, or licensor is entitled to recover the amount of his or her
actual damages or $200.00, whichever is greater, for each
occurrence
and, where if possession has been lost, to recover
possession.
Unlawful interference with a possessory interest shall
include:includes all of the following:
(a) The use of force or threat of force.
(b) The removal, retention, or destruction of personal
property of the possessor.
(c) A change, alteration, or addition to the locks or other
security
devices on the property without forthwith immediately
providing keys or other unlocking devices and any necessary
instructions to the person in possession.
(d)
The boarding Boarding of the premises which that prevents
or deters entry.
(e) The removal of doors, windows, or locks.
(f) Causing, by action or omission, the termination or
interruption of a service procured by the tenant or which the
landlord
is under an existing duty obligated
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)
The provisions of subsection (2) shall Subsection (2) does
not
apply where if the owner, lessor, or licensor , or their agents
can
establish that he:an agent of
the owner, lessor, or licensor
establishes 1 or more of the following:
(a)
Acted That he or she acted
pursuant to court order. or
(b)
Interfered That he or she
interfered temporarily with
possession only as necessary to make needed repairs or inspection
and
only as provided by law. or
(c)
Believed That he or she
believed in good faith that the
tenant had abandoned the premises, and after diligent inquiry had
reason
to believe that the tenant does did not
intend to return,
and
current rent is was not paid.
(d) That 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.
(4) 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)(d) of this act 5714(1)(f) or
bring
a claim for injunctive relief in the appropriate circuit
court.
A claim for damages pursuant to under
this section may be
joined with the claims for possession and for injunctive relief or
may be brought in a separate action.
(5) The provisions of this section may not be waived.
(6) 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 or becomes known to the
plaintiff.
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.
(c) When a person holds over premises in 1 or more of the
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.