Bill Text: MI HB5578 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Civil procedure; evictions; eviction procedures and personal property disposal act; enact. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-09-20 - Recommendation Concurred In [HB5578 Detail]

Download: Michigan-2011-HB5578-Introduced.html

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HOUSE BILL No. 5578

 

April 26, 2012, Introduced by Rep. Jackson 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

 

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.