Bill Text: MI SB0003 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Civil procedure: evictions; writ of restitution; allow to be executed by a court officer, bailiff, or deputy sheriff, and provide for the removal of personal property. Amends sec. 5744 of 1961 PA 236 (MCL 600.5744).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-04-09 - Assigned Pa 2 With Immediate Effect [SB0003 Detail]
Download: Michigan-2019-SB0003-Introduced.html
SENATE BILL No. 3
January 15, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5744 (MCL 600.5744), as amended by 2004 PA 105.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5744. (1) Subject to the time restrictions of this
section, the court entering a judgment for possession in a summary
proceeding shall issue a writ commanding a court officer or
bailiff, the sheriff or a deputy 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 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 If a judgment for possession is based upon the on
forfeiture of an executory contract for the purchase of the
premises,
a writ of restitution shall must
not be issued 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 not controlled by subsection If subsections
(2)
or and (3) do
not apply, a writ of restitution shall
must not
be issued 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 must not be issued and if a bond to stay
proceedings
is filed, the period during which the writ shall must
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 shall must
not
issue be issued 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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
