Bill Text: MI HB4263 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Housing; landlord and tenants; lawful reentry by landlord upon death of tenant; modify conditions for. Amends sec. 2918 of 1961 PA 236 (MCL 600.2918).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Enrolled - Dead) 2012-12-31 - Pocket Veto 1/10/2013 @ 11:05 Am 2012 Addenda [HB4263 Detail]
Download: Michigan-2011-HB4263-Introduced.html
HOUSE BILL No. 4263
February 16, 2011, Introduced by Reps. O'Brien, Opsommer, Zorn and Kowall and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2918 (MCL 600.2918).
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 or she 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,
licensor, or their agents shall be entitled to recover the amount
of his or her actual damages or $200.00, whichever is greater, for
each occurrence and, where possession has been lost, to recover
possession. Unlawful interference with a possessory interest shall
include 1 or more 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 to the person in
possession.
(d) The boarding of the premises which 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 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 Subsection
(2) shall does not
apply where the owner, lessor, licensor, or their agents can
establish that he or she did 1 or more of the following:
(a)
Acted pursuant to court order. or
(b) Interfered temporarily with possession only as necessary
to make needed repairs or inspection and only as provided by law.
or
(c) Believed in good faith that the tenant had abandoned the
premises, and after diligent inquiry had reason to believe the
tenant does not intend to return, and current rent is not paid.
(4) Subsection (2) does not apply where the owner, lessor,
licensor, or their agents can establish all of the following:
(a) He or she knew or believed in good faith that the last
surviving tenant had been deceased for at least 30 days.
(b) He or she had not been notified in writing of the
existence of a probate estate or the name and address of a personal
representative appointed by a probate court.
(c) Current rent on the premises has not been paid.
(d) At least 7 days before reentry, he or she has placed a
notice on the door of the premises indicating his or her intent to
reenter and take possession of the premises.
(5) (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 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) (5)
The provisions of this section may
not be waived.
(7) (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.
