HOUSE BILL No. 4025

January 22, 2013, Introduced by Rep. Heise and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 5732 and 5739 (MCL 600.5732 and 600.5739),

section 5739 as amended by 2006 PA 147, and by adding section 5736.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5732. (1) Pursuant to applicable court rules, and except

as provided by law, a court ~~having~~ that has jurisdiction over

summary proceedings may provide for pleadings and motions, issue

process and subpoenas, compel the attendance and testimony of

witnesses, enter and set aside defaults and default judgments,

allow amendments to pleadings, process, motions and orders, order

adjournments and continuances, make and enforce all other writs and

orders and do all other things necessary to hear and determine

summary proceedings.

(2) A court, magistrate, district court clerk, or other court

employee shall not limit the number of summary proceedings that may

be set for a hearing at the same time on the same date or that a

person may concurrently file or schedule for hearing at any 1 time.

Sec. 5736. A copy of a summons and complaint in a summary

proceeding, including any claim described in section 5739 if the

claim does not exceed the amount over which the small claims

division has jurisdiction under section 8401, may be served on the

defendant by doing both of the following:

(a) Mailing the summons and complaint to the defendant. Unless

the court mails the summons and complaint and keeps a record, the

plaintiff shall mail the summons and complaint by first-class mail

and obtain a certificate of mailing. The certificate of mailing is

proof of service.

(b) One of the following:

(i) Serving the defendant by any method provided in court rules

for the service of process in a civil action.

(ii) After 3 attempts at personal service have been made,

securely attaching the papers to the main entrance of the

defendant's dwelling unit. A return of service made under this

subparagraph shall list the attempts at personal service. Service

under this subparagraph is effective only if a return of service is

filed showing that, after 3 attempts, personal service could not be

made.

Sec. 5739. (1) Except as provided by court rules, a party to

summary proceedings may join claims and counterclaims for money

judgment for damages attributable to wrongful entry, detainer, or

possession, for breach of the lease or contract under which the

premises were held, or for waste or malicious destruction to the

premises. The court may order separate summary disposition of the

claim for possession, without prejudice to any other claims or

counterclaims. A claim or counterclaim for money judgment shall not

exceed the amount in controversy that otherwise limits the

jurisdiction of the court.

(2) If the court awards damages for physical injury to the

premises under subsection (1) by making an award for or based on

the cost of repairs, the court shall award damages for labor

expended by a landlord or property manager in repairing the

premises in the same manner as it would if the repairs were

performed by a third party. A landlord's or property manager's

labor under this subsection shall be compensated at a rate the

court determines to be reasonable based on usual and customary

charges for the repairs.

(3) If the court determines that the landlord breached the

lease or contract under which the premises were held by failing to

repair the premises and awards damages under subsection (1) by

making an award for or based on the cost of repairs, the court

shall award damages for labor expended by the tenant in repairing

the premises in the same manner as it would if the repairs were

performed by a third party. A tenant's labor under this subsection

shall be compensated at a rate the court determines to be

reasonable based on usual and customary charges for the repairs.

(4) A claim for rent due because of breach of a lease or

contract under which the premises were held included in a claim for