Bill Text: MI HB5447 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Civil procedure; writs; reference to writ of restitution; change to order of eviction. Amends secs. 5741, 5744, 5750, 5757 & 5781 of 1961 PA 236 (MCL 600.5741 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-30 - Bill Electronically Reproduced 01/25/2018 [HB5447 Detail]

Download: Michigan-2017-HB5447-Introduced.html

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HOUSE BILL No. 5447

 

 

January 25, 2018, Introduced by Rep. Lucido and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 5741, 5744, 5750, 5757, and 5781 (MCL

 

600.5741, 600.5744, 600.5750, 600.5757, and 600.5781), section 5744

 

as amended by 2004 PA 105, section 5757 as amended by 1993 PA 189,

 

and section 5781 as added by 1988 PA 336.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5741. If In an action under this chapter, if the jury or

 

the judge finds that the plaintiff is entitled to possession of the

 

premises , or any part thereof, of the premises, judgment may be

 

entered in accordance with the finding and may be enforced by a

 

writ of restitution an order of eviction as provided in this

 

chapter. If it is found that the plaintiff is entitled to

 

possession of the premises , in consequence because of the

 

nonpayment of any money due under a tenancy , or the nonpayment of

 

moneys money required to be paid under an executory contract for

 

purchase of the premises, the jury or judge making the finding

 

shall determine the amount due or in arrears at the time of trial,

 

which amount shall must be stated in the judgment for possession.

 

In determining the amount due under a tenancy, the jury or judge

 

shall deduct any portion of the rent which that the jury or judge

 

finds to be excused by the plaintiff's breach of the lease or by

 

his the plaintiff's breach of 1 or more statutory covenants imposed

 

by section 39 of chapter 66 of the Revised Statutes of 1846 RS 66,

 

as added, being section MCL 554.139. of the Compiled Laws of 1948.

 

The statement in the judgment for possession shall be is only for

 

the purpose of prescribing the amount which, that, together with

 

taxed costs, shall must be paid to preclude issuance of the writ of

 

restitution. order of eviction. The judgment may include an award

 

of costs, enforceable in the same manner as other civil judgments

 

for money in entered by the same court.

 

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

 

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

 

proceeding proceedings shall issue a writ an order commanding the

 

sheriff, or any other officer authorized to serve the process, to

 

restore the plaintiff to , and put the plaintiff in , full

 

possession of the premises.

 

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

 

restitution an order of eviction 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.

 

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

 

forfeiture of an executory contract for the purchase of the

 

premises, a writ of restitution the court shall not be issued issue

 

an order of eviction 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.

 

     (4) In all cases summary proceedings not controlled by

 

subsection (2) or (3), a writ of restitution the court shall not be

issued issue an order of eviction until the expiration of 10 days

 

after the entry of the judgment for possession.

 

     (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 an order of eviction may not be issued and if a

 

bond to stay proceedings is filed, the period during which the writ

 

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

 

the appeal or motion for new trial is final.

 

     (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 court shall

 

not issue the order of eviction 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.

 

     (7) Issuance of a writ of restitution following an order of

 

eviction after 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.

 

     Sec. 5750. The remedy provided by summary proceedings is in

 

addition to, and not exclusive of, other remedies, either legal,

 

equitable, or statutory. A judgment for possession under this

 

chapter does not merge or bar any other claim for relief, except

 

that a judgment for possession after forfeiture of an executory

 

contract for the purchase of premises shall merge merges and bar

bars any claim for money payments due or in arrears under the

 

contract at the time of trial and that a judgment for possession

 

after forfeiture of such an executory contract which that results

 

in the issuance of a writ of restitution shall an order of eviction

 

also bar bars any claim for money payments which that would have

 

become due under the contract subsequent to after the time of

 

issuance of the writ. The order. A plaintiff obtaining a judgment

 

for possession of any premises under this chapter is entitled to

 

may bring a civil action against the defendant for damages from the

 

time of forcible entry or detainer , or trespass, or of from the

 

notice of forfeiture, notice to quit, or demand for possession, as

 

the case may be.applicable.

 

     Sec. 5757. A The court shall charge a fee of $15.00 shall be

 

charged for each writ of restitution, order of eviction or writ of

 

garnishment, attachment, or execution and for each judgment debtor

 

discovery subpoena issued.

 

     Sec. 5781. If a tenancy in a mobile home park is terminated

 

for just cause, the tenant may sell his or her mobile home on-site,

 

as provided in sections 28(1)(h) and 28a of the mobile home

 

commission act, Act No. 96 of the Public Acts of 1987, being

 

sections 1987 PA 96, MCL 125.2328 and 125.2328a, of the Michigan

 

Compiled Laws, subject to all of the following conditions:

 

     (a) The tenant shall sell or move the mobile home within 90

 

days after the date of the judgment of possession, except that the

 

time period shall be is extended to 90 days after the mobile home

 

park owner or operator denies tenancy to a person making a bona

 

fide offer to purchase the mobile home within the 90-day period or

any proper extension of the time period under this subdivision.

 

     (b) The tenant shall timely pay all rent and other charges for

 

the mobile home site during the 90-day period or any proper

 

extension of the time period under subdivision (a). Failure to

 

timely pay all rent or other charges shall entitle entitles the

 

owner or operator to seek an immediate writ of restitution. order

 

of eviction. As used in this subdivision, "rent and other charges"

 

does not include liquidated damages awarded under section 5785.

 

     (c) Upon On the expiration of 10 days after the date of the

 

judgment of possession, the owner or operator may disconnect all

 

mobile home park-supplied utility services.

 

     (d) Within 10 days after the date of the judgment of

 

possession, the tenant shall provide the owner or operator with

 

proof that the mobile home has been properly winterized by a

 

licensed mobile home installer and repairer. Failure to timely

 

provide the proof of winterization shall entitle entitles the owner

 

or operator to seek an immediate writ of restitution.order of

 

eviction.

 

     (e) The tenant shall continue to maintain the mobile home and

 

mobile home site in accordance with the rules and regulations of

 

the mobile home park.

 

     (f) The mobile home park shall provide the tenant with

 

reasonable access to the mobile home and the mobile home site for

 

the purpose of maintaining the mobile home and mobile home site and

 

selling the mobile home.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.