Bill Text: MI HB5034 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Housing; landlord and tenants; requirement for lawful reentry by landlord; modify. Amends sec. 2918 of 1961 PA 236 (MCL 600.2918).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-09-07 - Referred To Committee On Judiciary [HB5034 Detail]

Download: Michigan-2009-HB5034-Engrossed.html

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HB-5034, As Passed House, August 24, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5034

 

 

 

 

 

 

 

 

 

 

     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 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) He or she informed the tenant in writing of the tenant's

 

option to provide next of kin or emergency contact information.

 

     (d) Current rent on the premises has not been paid.

 

     (e) At least 30 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 and he or she makes a

 

reasonable attempt to notify the next of kin or emergency contact

 

provided by the tenant, if the tenant has provided him or her with

 

the information. The owner, lessor, licensee, or their agents are

 

not responsible for incorrect contact information or for the

 

contact's failure to respond to the notification within the 30-day

 

period.

 

     (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.