Bill Text: MI SB1073 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Civil procedure; evictions; eviction procedures and personal property disposal act; enact. Creates new act. TIE BAR WITH: SB 1168'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2012-06-07 - Referred To Committee On Local, Intergovernmental, And Regional Affairs [SB1073 Detail]
Download: Michigan-2011-SB1073-Engrossed.html
SB-1073, As Passed Senate, June 7, 2012
SENATE BILL No. 1073
April 18, 2012, Introduced by Senator ROBERTSON and referred to the Committee on Judiciary.
A bill to establish duties of owners or operators of property
and their attorneys and agents in evicting a tenant from the
property; to provide for the disposal of a tenant's personal
property lawfully removed from property; to provide civil sanctions
for the improper removal and disposal of property; and to provide
remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"eviction procedures and personal property disposal act".
Sec. 2. On obtaining a writ under section 5744 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.5744, to restore
possession of premises to the owner or operator of the premises,
the person entitled to possession or the person's attorney or agent
shall obtain a movable container and follow the procedures for the
Senate Bill No. 1073 as amended June 7, 2012
disposal of personal property as described in this act on execution
of the writ.
Sec. 3. At the time a tenant is evicted from premises by a
court order, the owner or operator of the premises shall place a
movable container that allows access from the side and that is of
sufficient size to hold the tenant's household furniture and goods
on either the owner's or operator's property or the public street
adjacent to the owner's or operator's property.
Sec. 4. The personal property of a tenant being evicted from
premises by a court order shall be legally removed from the
premises and placed in the movable container placed as required
under section 3.
Sec. 5. The owner or operator of property on which a movable
container is placed as required under section 3 shall remove the
container within 48 hours after placement. A person who violates
this section is responsible for a state civil infraction and may be
ordered to pay a civil fine of not more than $500.00.
Sec. 6. An owner or operator of property shall assure the safe
and lawful disposal of all personal property that is removed from
the owner's or operator's property because of an eviction.
<<Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1168 of the 96th Legislature is enacted into law.>>
