HB-4613, As Passed House, May 16, 2013
April 24, 2013, Introduced by Rep. O'Brien and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2918 (MCL 600.2918).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2918. (1) Any person who is ejected or put out of any
lands or tenements in a forcible and unlawful manner, or being out
is
afterwards held and kept out, by force, if he prevails, is
entitled to recover 3 times the amount of his or her actual damages
or $200.00, whichever is greater, in addition to recovering
possession.
(2) Any tenant in possession of premises whose possessory
interest
has been unlawfully interfered with by the owner , lessor,
licensor,
or their agents shall be is entitled to recover the
amount of his or her actual damages or $200.00, whichever is
greater,
for each occurrence and, where if
possession has been
lost,
to recover possession. Unlawful Subject
to subsection (3),
unlawful
interference with a possessory interest
shall include
includes 1 or more of the following:
(a)
The use Use of force or threat of force.
(b)
The removal, Removal, retention, or destruction of
personal property of the possessor.
(c)
A change, alteration, or addition Changing, altering, or
adding to the locks or other security devices on the property
without
forthwith immediately providing keys or other unlocking
devices to the person in possession.
(d)
The boarding Boarding of the premises which that prevents
or deters entry.
(e)
The removal Removal of doors, windows, or locks.
(f) Causing, by action or omission, the termination or
interruption
of a service procured by the tenant or which that the
landlord is under an existing duty to furnish, which service is so
essential that its termination or interruption would constitute
constructive eviction, including heat, running water, hot water,
electric, or gas service.
(g) Introduction of noise, odor, or other nuisance.
(3)
The provisions of subsection (2) shall not apply where the
owner,
lessor, licensor, or their agents can establish that he An
owner's actions do not unlawfully interfere with a possessory
interest if any of the following apply:
(a)
Acted The owner acts pursuant to court order. or
(b)
Interfered The owner
interferes temporarily with
possession only as necessary to make needed repairs or inspection
and
only as provided by law. or
(c)
Believed The owner
believes in good faith that the
tenant
had
has abandoned the premises, and after diligent inquiry had
has
reason to believe the tenant does not intend to return, and current
rent is not paid.
(d) All of the following requirements are met:
(i) The owner informed the tenant in writing of the tenant's
option to provide contact information for an authorized person the
owner could contact in the event of the tenant's death. The owner
is not responsible for incorrect contact information provided by
the tenant or for the tenant's failure to provide contact
information.
(ii) Current rent has not been paid.
(iii) The owner believes in good faith that the tenant has been
deceased for at least 18 days and that there is not a surviving
tenant.
(iv) After the requirements of subparagraph (iii) are met and not
less than 10 days before the owner reenters to take possession of
the premises and dispose of its contents, each of the following
occurs:
(A) If the tenant provided contact information under
subparagraph (i), the owner makes a reasonable attempt to contact
the authorized person using the contact information provided and to
request him or her to open a probate estate for the tenant within
28 days after the tenant's death. The owner is not responsible for
the authorized person's failure to respond to the notification
before the owner's reentry into the premises.
(B) The owner places on the door of the premises a notice
indicating the owner's intent to reenter, take possession of the
premises, and dispose of its contents after 10 days have elapsed.
(C) The owner notifies the public administrator for the county
where the premises are located or, if none, the state public
administrator that the owner believes that the tenant is deceased
and intends to reenter to take possession of the premises and
dispose of its contents if a probate estate is not opened. Upon
request by the public administrator before the 10-day period under
this subparagraph has elapsed and presentation to the owner of
proper credentials and identification, the owner shall give the
public administrator access to the premises.
(v) A probate estate has not been opened for the deceased
tenant by the public administrator, authorized contact person, or
any other person in the county in which the premises are located
and the owner has not been notified in writing of the existence of
a probate estate opened in another county and of the name and
address of the personal representative.
(4) The opening of a probate estate by a public administrator
under subsection (3) is at the sole discretion and shall be at the
sole expense of the public administrator.
(5) (4)
A person who has lost possession or
whose possessory
interest has been unlawfully interfered with may, if that person
does not peacefully regain possession, bring an action for
possession
pursuant to section 5714(1)(d) of this act 5714(1)(f) or
bring a claim for injunctive relief in the appropriate circuit
court. A claim for damages pursuant to this section may be joined
with the claims for possession and for injunctive relief or may be
brought in a separate action.
(6) (5)
The provisions of this section may
not be waived.
(7) (6)
An action to regain possession of
the premises under
this section shall be commenced within 90 days from the time the
cause of action arises or becomes known to the plaintiff. An action
for damages under this section shall be commenced within 1 year
from
the time the cause of action arises. or becomes known to the
plaintiff.
(8) As used in this section, "owner" means the owner, lessor,
or licensor or an agent thereof.