Bill Text: MI SB0064 | 2011-2012 | 96th Legislature | Enrolled
Bill Title: Housing; landlord and tenants; summary proceedings to recover possession of premises; allow after 7-day notice to quit if tenant injures or threatens to injure another individual. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714). TIE BAR WITH: SB 0065'11
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-05-23 - Assigned Pa 0139'12 With Immediate Effect [SB0064 Detail]
Download: Michigan-2011-SB0064-Enrolled.html
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Jones and Schuitmaker
ENROLLED SENATE BILL No. 64
AN ACT to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 5714 (MCL 600.5714), as amended by 2004 PA 105.
The People of the State of Michigan enact:
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 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 holds over premises for 7 days following service of a written notice to quit for termination of the lease after the tenant, a member of the tenant’s household, or a person under the tenant’s control, on real property owned or operated by the tenant’s landlord, has caused or threatened physical injury to an individual. This subdivision applies only if the police department with jurisdiction has been notified that the person, on real property owned or operated by the tenant’s landlord, caused or threatened physical injury to an individual. This subdivision does not apply in either of the following cases:
(i) The individual who was physically injured or threatened is the tenant or a member of the tenant’s household.
(ii) Application would result in a violation of federal housing regulations.
(f) 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.
(g) When a person continues in possession of premises sold by virtue of a mortgage or execution, after the time limited by law for redemption of the premises.
(h) 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.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 65 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
