Bill Text: MI HB5781 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Housing; landlord and tenants; security deposit; establish certain procedural deadlines. Amends secs. 9, 12 & 13 of 1972 PA 348 (MCL 554.609 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-08-15 - Printed Bill Filed 07/19/2012 [HB5781 Detail]

Download: Michigan-2011-HB5781-Introduced.html

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HOUSE BILL No. 5781

 

July 18, 2012, Introduced by Rep. Forlini and referred to the Committee on Judiciary.

 

     A bill to amend 1972 PA 348, entitled

 

"An act to regulate relationships between landlords and tenants

relative to rental agreements for rental units; to regulate the

payment, repayment, use and investment of security deposits; to

provide for commencement and termination inventories of rental

units; to provide for termination arrangements relative to rental

units; to provide for legal remedies; and to provide penalties,"

 

by amending sections 9, 12, and 13 (MCL 554.609, 554.612, and

 

554.613).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9. In case of damage to the rental unit or other

 

obligation against the security deposit, the landlord shall mail to

 

the tenant, within not more than 30 days after the termination of

 

occupancy, an itemized list of damages claimed for which the

 

security deposit may be used as provided in section 7. , including

 

The list shall include the estimated cost of repair of each

 

property damaged item and the amounts and bases on which he the

 

landlord intends to assess the tenant. The If the amount of damages

 

claimed is less than the amount of the security deposit, the list

 

shall be accompanied by a check or money order for the difference

 

between the damages claimed and the amount of the security deposit

 

held by the landlord. and The list shall not include any damages

 

that were claimed on a previous termination inventory checklist

 

prior to the tenant's occupancy of the rental unit. The notice of

 

damages shall include the following statement in at least 12-point

 

boldface type which shall be that is at least 4 points larger than

 

the body of the notice: "You must respond "Unless you respond to

 

this notice by mail within 7 not more than 60 days after receipt of

 

same, otherwise this notice, you will forfeit the amount claimed

 

for damages.".

 

     Sec. 12. If a landlord claims damages to a rental unit and

 

gives notice of damages as required, the tenant upon receipt of the

 

list of damages shall respond by ordinary mail to the address

 

provided by the landlord as required by section 3 within 7 days,

 

not more than 60 days after receipt of the list of damages,

 

indicating in detail his the tenant's agreement or disagreement to

 

the damage charges listed. If the tenant does not timely respond,

 

the tenant forfeits the right to the return of the amount withheld

 

under section 9. For the purposes of this section, the date of

 

mailing shall be considered the date of the tenant's response.

 

     Sec. 13. (1) Within 45 days Not more than 2 years after

 

termination of the occupancy, and not thereafter the landlord may

 

commence an action in a court of competent jurisdiction for a money

 

judgment for damages which he has the landlord claimed under

 

section 9. or in lieu thereof If the landlord does not commence

 

such an action, the landlord shall return to the tenant the balance

 

of the security deposit held by him to the tenant the landlord or

 

any amount mutually agreed upon in writing by the parties. A

 

landlord shall not be entitled to retain any portion of a the

 

security deposit for damages claimed for more than 2 years after

 

termination of occupancy unless he has first 1 or more of the

 

following apply:

 

     (a) The landlord has obtained a money judgment for the

 

disputed amount. or filed

 

     (b) The landlord files with the court satisfactory proof of an

 

inability to obtain service on the tenant. or unless:

 

     (c) (a) The tenant has failed to provide a forwarding address

 

as required by section 11.

 

     (d) (b) The tenant has failed to respond to the notice of

 

damages as required by section 12.

 

     (e) (c) The parties have agreed in writing to the disposition

 

of the balance of the deposit claimed by the landlord.

 

     (f) (d) The amount claimed is entirely based upon accrued and

 

unpaid rent equal to the actual rent for any full rental period or

 

portion thereof during which the tenant has had actual or

 

constructive possession of the premises.

 

     (2) This section does not prejudice a landlord's right to

 

retain any security deposit funds as satisfaction or partial

 

satisfaction of a money judgment obtained pursuant to summary

 

proceedings filed pursuant to chapter 57 of Act No. 236 of the

 

Public Acts of 1961, as amended, being sections 600.5701 to

 

600.5759 of the Compiled Laws of 1948 the revised judicature act of

 

1961, 1961 PA 236, MCL 600.5701 to 600.5759, or other proceedings

 

at law. Failure of the landlord to comply fully with this section

 

constitutes waiver of all claimed damages and makes him the

 

landlord liable to the tenant for double the amount of the security

 

deposit retained.

 

     (3) An action by a tenant to recover a security deposit from a

 

landlord or the landlord's successor in interest shall be commenced

 

not more than 2 years after the tenant's termination of occupancy.