Bill Text: MI HB4673 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Property; other; entry by owner to evict squatters; require presence of law enforcement officer and proof of ownership. Amends secs. 2918 & 5711 of 1961 PA 236 (MCL 600.2918 & 600.5711).
Spectrum: Moderate Partisan Bill (Democrat 17-3)
Status: (Introduced - Dead) 2015-06-03 - Printed Bill Filed 06/03/2015 [HB4673 Detail]
Download: Michigan-2015-HB4673-Introduced.html
HOUSE BILL No. 4673
June 2, 2015, Introduced by Reps. Garrett, Plawecki, Geiss, Neeley, Talabi, Chang, Santana, Love, Byrd, Gay-Dagnogo, Townsend, Hoadley, Banks, Liberati, Heise, Moss, Glenn, McBroom, Brunner and Kosowski.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2918 and 5711 (MCL 600.2918 and 600.5711), as
amended by 2014 PA 223.
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.
(c) Changing, altering, or adding to the locks or other
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
possessory interest 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.
(c) The owner believes in good faith that the tenant has
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) 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
by the later of 28 days after the tenant's death or 10 days after
the attempt to contact, if a reasonable attempt results in contact
with the authorized person. 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.
(C) The owner notifies the public administrator for the county
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) An owner's actions do not unlawfully interfere with an
occupant's
possession of premises if the occupant took possession
by
means of a forcible entry, holds possession by force, or came
into
possession by trespass without color of title or other
possessory
interest.requirements of
section 5711(3) are met.
(6) 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 under this section may be joined with the
claims for possession and for injunctive relief or may be brought
in a separate action.
(7)
The provisions of this section may not cannot be waived.
(8) 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.
(9) As used in this section, "owner" means the owner, lessor,
or licensor or an agent thereof.
Sec. 5711. (1) A person shall not make any entry into or upon
premises unless the entry is permitted by law.
(2) Subject to subsection (3), if entry is permitted by law,
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, 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. However, any forcible entry shall not entry
under these circumstances, forcible or otherwise, shall meet all of
the following requirements:
(a) Be made in the presence of a law enforcement officer who
has been provided with proof that the person entering the premises
is the owner, lessor, or licensor or an agent thereof.
(b) Not include conduct proscribed by chapter XI of the
Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h.
(c) As used in this section, "law enforcement officer" means
any of the following:
(i) A sheriff or deputy sheriff.
(ii) An officer of the police department of a city, village, or
township, or the marshal of a city, village, or township.
(iii) An officer of the Michigan state police.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
