Bill Text: MI HB4263 | 2011-2012 | 96th Legislature | Engrossed
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-Engrossed.html
HB-4263, As Passed Senate, December 13, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 4263
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 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 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 Subject
to subsection (3),
unlawful
interference with a possessory interest
shall include
includes 1 or more of the following:
(a)
The use Use of force or threat of force.
(b)
The removal, Removal, retention, or destruction of
personal property of the possessor.
(c)
A change, alteration, or addition Changing, altering, or
adding 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 Boarding of the premises which that prevents
or deters entry.
(e)
The removal 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 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)
The provisions of subsection (2) shall not apply where the
owner,
lessor, licensor, or their agents can establish that he An
owner's actions do not unlawfully interfere with a possessory
interest if any of the following apply:
(a)
Acted The owner acts pursuant to court order. or
(b)
Interfered The owner
interferes temporarily with
possession only as necessary to make needed repairs or inspection
and
only as provided by law. or
(c)
Believed The owner
believes in good faith that the
tenant
had
has abandoned the premises, and after diligent inquiry had
has
reason to believe the tenant does not intend to return, and current
rent is not paid.
(d) All of the following requirements are met:
(i) The owner believes in good faith that the tenant has been
deceased for at least 30 days and that there is not a surviving
tenant.
(ii) 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.
(iii) If the tenant provided contact information as provided in
subparagraph (ii), at least 7 days before the owner reenters to take
possession of the premises and dispose of its contents, the owner
made 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 or to serve as personal
representative if the owner opens a probate estate. The owner is
not responsible for incorrect contact information or for the
authorized person's failure to respond to the notification before
the owner's reentry into the premises.
(iv) At least 7 days before the owner reenters, the owner
placed a notice on the door of the premises indicating his or her
intent to reenter, take possession of the premises, and dispose of
its contents.
House Bill No. 4263 as amended December 13, 2012
(v) A probate estate has not been opened for the deceased
tenant 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.
(vi) Current rent has not been paid.
(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) 5714(1)(f)>> 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.
(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.
(7) As used in this section, "owner" means the owner, lessor,
or licensor or an agent thereof.
