Bill Text: MI HB5396 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Civil procedure; evictions; proceedings to recover possession of premises because of assault, battery, or unlawful drugs; modify to require a conviction. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-16 - Bill Electronically Reproduced 01/11/2018 [HB5396 Detail]
Download: Michigan-2017-HB5396-Introduced.html
HOUSE BILL No. 5396
January 11, 2018, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5714 (MCL 600.5714), as amended by 2014 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5714. (1) A person entitled to possession of premises may
recover possession by summary proceedings in the following
circumstances:
(a) When a person holds over premises after failing or
refusing to pay rent due under the lease or agreement by which the
person holds the premises within 7 days from the service of a
written demand for possession for nonpayment of the rent due. For
the purpose of this subdivision, rent due does not include any
accelerated indebtedness because of a breach of the lease under
which the premises are held.
(b) When a person holds over premises for 24 hours following
service of a written demand for possession for termination of the
lease pursuant to a clause in the lease providing for termination
because a tenant, a member of the tenant's household, or other
person
under the tenant's control has unlawfully manufactured ,
delivered,
possessed with intent to deliver, or possessed a
controlled substance on the leased premises or has been convicted
of unlawfully delivering, possessing with intent to deliver, or
possessing a controlled substance if the crime was committed on the
leased premises. This subdivision applies to the manufacture of a
controlled substance only if a formal police report has been filed
alleging
that the person has unlawfully manufactured , delivered,
possessed
with intent to deliver, or possessed a
controlled
substance on the leased premises. For purposes of this subdivision:
,
"controlled
(i) "Controlled substance" means a substance or a counterfeit
substance classified in schedule 1, 2, or 3 pursuant to sections
7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211
to 333.7216.
(ii) "Manufacture" means that term as defined in section 7106
of the public health code, 1978 PA 368, MCL 333.7106.
(c) When a person holds over premises in 1 or more of the
following circumstances:
(i) After termination of the lease, pursuant to a power to
terminate provided in the lease or implied by law.
(ii) After the term for which the premises are demised to the
person or to the person under whom he or she holds.
(iii) After the termination of the person's estate by a notice
to quit as provided by section 34 of 1846 RS 66, MCL 554.134.
(d) When the person in possession willfully or negligently
causes a serious and continuing health hazard to exist on the
premises, or causes extensive and continuing physical injury to the
premises, which was discovered or should reasonably have been
discovered by the party seeking possession not earlier than 90 days
before the institution of proceedings under this chapter and when
the person in possession neglects or refuses for 7 days after
service of a demand for possession of the premises to deliver up
possession of the premises or to substantially restore or repair
the premises.
(e) When a person holds over premises for 7 days following
service of a written notice to quit for termination of the lease
after the tenant, a member of the tenant's household, or a person
under
the tenant's control , has
been convicted of a crime, an
element of which is causing or threatening physical injury to an
individual and which was committed on real property owned or
operated
by the tenant's landlord. , has caused or threatened
physical
injury to an individual. This subdivision applies only if
the
police department with jurisdiction has been notified that the
person,
on real property owned or operated by the tenant's
landlord,
caused or threatened physical injury to an individual.
This subdivision does not apply in either of the following cases:
(i) The individual who was physically injured or threatened is
the tenant or a member of the tenant's household.
(ii) Application would result in a violation of federal
housing regulations.
(f) When a person takes possession of premises by means of a
forcible entry, holds possession of premises by force after a
peaceable entry, or comes into possession of premises by trespass
without color of title or other possessory interest. This remedy is
in addition to the remedy of entry permitted under section 5711(3).
(g) When a person continues in possession of premises sold by
virtue of a mortgage or execution, after the time limited by law
for redemption of the premises.
(h) When a person continues in possession of premises sold and
conveyed by a personal representative under license from the
probate court or under authority in the will.
(2) A tenant or occupant of housing operated by a city,
village, township, or other unit of local government, as provided
in 1933 (Ex Sess) PA 18, MCL 125.651 to 125.709c, is not considered
to be holding over under subsection (1)(b) or (c) unless the
tenancy or agreement has been terminated for just cause, as
provided by lawful rules of the local housing commission or by law.
(3) A tenant of a mobile home park is not considered to be
holding over under subsection (1)(b) or (c) unless the tenancy or
lease agreement is terminated for just cause pursuant to chapter
57a.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
