Bill Text: MI SB0032 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Civil procedure; evictions; eviction after foreclosure; require 90-day notice of eviction to tenants. Amends secs. 3208 & 5714 of 1961 PA 236 (MCL 600.3208 & 600.5714) & adds sec. 3108.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-27 - Referred To Committee On Judiciary [SB0032 Detail]
Download: Michigan-2009-SB0032-Introduced.html
SENATE BILL No. 32
January 27, 2009, Introduced by Senator CLARKE and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 3208 and 5714 (MCL 600.3208 and 600.5714),
section 5714 as amended by 2004 PA 105, and by adding section 3108.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3108. On commencing an action under this chapter to
foreclose a mortgage of residential rental property, the plaintiff
shall give notice of the action to the tenants of the property by
ordinary mail.
Sec.
3208. Notice that the a mortgage will be foreclosed under
this chapter by a sale of the mortgaged premises, or some part of
them,
shall be given by publishing the same notice for 4 successive
weeks
at least once in each week , in a
newspaper published in the
county where the premises included in the mortgage and intended to
be
sold, or some part of them, are situated. If no a newspaper
is
not published in the county, the notice shall be published in a
newspaper
published in an adjacent county. In every case within
Within 15 days after the first publication of the notice, a true
copy shall be posted in a conspicuous place upon any part of the
premises described in the notice.
(2) If the mortgaged premises includes residential rental
property, a true copy of the notice published under this section
shall be provided to the tenants of the property by ordinary mail
within 15 days after the first publication of the notice.
Sec. 5714. (1) A person entitled to premises may recover
possession of the premises 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 by reason 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. This subdivision
applies only if a formal police report has been filed by the
landlord 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 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.
(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 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.
(f)
When a person the owner continues in possession of
premises sold by virtue of a mortgage or execution, after the time
limited by law for redemption of the premises.
(g) When a tenant under a lease, whether written or oral,
continues in possession of premises sold by virtue of a mortgage
foreclosure for 90 days after service of a written demand for
possession by the purchaser at the sale.
(h) (g)
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.
