SB-0003, As Passed Senate, February 26, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 3

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5744 (MCL 600.5744), as amended by 2004 PA 105.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5744. (1) Subject to the time restrictions of this

 

section, the court entering a judgment for possession in a summary

 

proceeding shall issue a writ commanding a court officer appointed

 

by or a bailiff of the issuing court, the sheriff or a deputy

 

sheriff of the county in which the issuing court is located, or any

 

other an officer authorized to serve the process, of the law

 

enforcement agency of the local unit of government in which the

 

issuing court is located to restore the plaintiff to , and put the

 

plaintiff in , full, peaceful possession of the premises by

removing all occupants and all personal property from the premises

 

and doing either of the following:

 

     (a) Leaving the property in an area open to the public or in

 

the public right-of-way.

 

     (b) Delivering the property to the sheriff as authorized by

 

the sheriff.

 

     (2) Abandonment of the premises that is the subject of a writ

 

under subsection (1) and of any personal property on the premises

 

must be determined by the officer, bailiff, sheriff, or deputy

 

sheriff serving the writ.

 

     (3) (2) On conditions determined by the court, a writ of

 

restitution may be issued immediately after the entry of a judgment

 

for possession when if any of the following is pleaded and proved,

 

with notice, to the satisfaction of the court:

 

     (a) The premises are subject to inspection and certificate of

 

compliance under the housing law of Michigan, 1917 PA 167, MCL

 

125.401 to 125.543, and the certificate or temporary certificate

 

has not been issued and the premises have been ordered vacated.

 

     (b) Forcible entry was made contrary to law.

 

     (c) Entry was made peaceably but possession is unlawfully held

 

by force.

 

     (d) The defendant came into possession by trespass without

 

color of title or other possessory interest.

 

     (e) The tenant, willfully or negligently, is causing a serious

 

and continuing health hazard to exist on the premises or is causing

 

extensive and continuing injury to the premises and is neglecting

 

or refusing either to deliver up possession after demand or to

substantially restore or repair the premises.

 

     (f) The action is an action to which section 5714(1)(b)

 

applies.

 

     (4) (3) When If a judgment for possession is based upon the on

 

forfeiture of an executory contract for the purchase of the

 

premises, a writ of restitution shall must not be issued until the

 

expiration of 90 days after the entry of judgment for possession if

 

less than 50% of the purchase price has been paid or until the

 

expiration of 6 months after the entry of judgment for possession

 

if 50% or more of the purchase price has been paid.

 

     (5) (4) In all cases not controlled by subsection (2) or If

 

subsections (3) and (4) do not apply, a writ of restitution shall

 

must not be issued until the expiration of 10 days after the entry

 

of the judgment for possession.

 

     (6) (5) If an appeal is taken or a motion for new trial is

 

filed before the expiration of the period during which a writ of

 

restitution shall must not be issued and if a bond to stay

 

proceedings is filed, the period during which the writ shall must

 

not be issued shall be is tolled until the disposition of the

 

appeal or motion for new trial is final.

 

     (7) (6) When If a judgment for possession is for nonpayment of

 

money due under a tenancy or for nonpayment of money required to be

 

paid under or any other material breach of an executory contract

 

for purchase of the premises, the writ of restitution shall must

 

not issue be issued if, within the time provided, the amount stated

 

in the judgment, together with the taxed costs, is paid to the

 

plaintiff and other material breaches of the executory contract for

purchase of the premises are cured.

 

     (8) (7) Issuance of a writ of restitution following entry of a

 

judgment for possession because of the forfeiture of an executory

 

contract for the purchase of the premises forecloses any equitable

 

right of redemption that the purchaser has or could claim in the

 

premises.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.