December 12, 2013, Introduced by Reps. Schor, Darany, Singh, Callton, LaVoy, Durhal, Segal, Cavanagh, Knezek and Haines 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 the title and section 1 (MCL 554.601), as amended by
1995 PA 79, and by adding sections 1d, 1e, and 1f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate relationships between landlords and tenants
relative to rental agreements for rental units; to provide for the
responsibilities of landlords and tenants for the control of
certain pests in 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; to
provide civil sanctions; and to
provide penalties.
Sec. 1. As used in this act:
(a) "Bedbug" means an insect of the species Cimex lectularius.
(b) "Bedbug infestation" or "infestation" means the presence
of bedbugs or signs of their presence. "Infested with bedbugs" or
"infested" has a corresponding meaning.
(c) "Control measures" means any of the following:
(i) Scheduling or otherwise arranging for treatment.
(ii) Performing treatment.
(d) "Landlord" means any of the following:
(i) The owner, lessor, or sublessor of the rental unit or the
property of which it is a part.
(ii) A person authorized to exercise any aspect of the
management of the premises, including a person who, directly or
indirectly, acts as a rental agent or receives rent, other than as
a bona fide purchaser, and who has no obligation to deliver the
receipts to another person.
(e) "Pest management professional" means a commercial
applicator as defined in section 8302 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8302, who is
licensed under section 8313 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.8313.
(f) "Preparation measures" means all of the following:
(i) Providing access to the rental unit for inspections for
bedbugs and treatment.
(ii) Proper disposal of property that is infested but not
suitable for control measures.
(iii) Proper disposal of waste.
(iv) Cleaning, vacuuming, moving furniture, and otherwise
preparing the interior of the rental unit for an inspection or
treatment.
(g) "Rental agreement" means an agreement that establishes or
modifies the terms, conditions, or other provisions concerning the
use and occupancy of a rental unit.
(h) (a)
"Rental unit" means a
structure or part of a structure
used as a home, residence, or sleeping unit by a single person or
household unit, or any grounds, or other facilities or area
promised for the use of a residential tenant and includes, but
without limitation, apartment units, boarding houses, rooming
houses, mobile home spaces, and single and 2-family dwellings.
(b)
"Rental agreement" means an agreement that establishes or
modifies
the terms, conditions, rules, regulations, or any other
provisions
concerning the use and occupancy of a rental unit.
(c)
"Landlord" means the owner, lessor, or sublessor of the
rental
unit or the property of which it is a part and, in addition,
means
a person authorized to exercise any aspect of the management
of
the premises, including a person who, directly or indirectly,
acts
as a rental agent, receives rent, other than as a bona fide
purchaser,
and who has no obligation to deliver the receipts to
another
person.
(d)
"Tenant" means a person who occupies a rental unit for
residential
purposes with the landlord's consent for an agreed upon
consideration.
(i) (e)
"Security deposit" means
a deposit, in any amount,
paid by the tenant to the landlord or his or her agent to be held
for the term of the rental agreement, or any part of the term, and
includes any required prepayment of rent other than the first full
rental period of the lease agreement; any sum required to be paid
as rent in any rental period in excess of the average rent for the
term; and any other amount of money or property returnable to the
tenant on condition of return of the rental unit by the tenant in
condition as required by the rental agreement. Security deposit
does not include either of the following:
(i) An amount paid for an option to purchase, pursuant to a
lease with option to purchase, unless it is shown the intent was to
evade this act.
(ii) An amount paid as a subscription for or purchase of a
membership in a cooperative housing association incorporated under
the laws of this state. As used in this subparagraph, "cooperative
housing association" means a consumer cooperative that provides
dwelling units to its members.
(j) (f)
"Senior citizen housing"
means housing for individuals
62 years of age or older that is subsidized in whole or in part
under any local, state, or federal program.
(k) "Tenant" means a person who occupies a rental unit for
residential purposes with the landlord's consent for an agreed-upon
consideration.
(l) "Treatment" means measures to eradicate bedbugs, including,
but not limited to, chemical, pesticide, temperature, or trapping
methods. "Treat" has a corresponding meaning.
Sec. 1d. (1) Within 5 days after receiving written or oral
notice from a tenant that a rental unit may have a bedbug
infestation, the landlord shall conduct an inspection of the rental
unit for bedbugs.
(2) If an inspection reveals that a rental unit is infested
with bedbugs, the landlord shall within 7 days contact a pest
management professional to arrange for the prompt inspection of
adjoining rental units for bedbugs and prompt control measures. The
landlord shall provide reasonable assistance with inspection and
control measures as directed by the pest management professional.
(3) A landlord shall not offer for rent a rental unit that the
landlord knows or suspects is infested.
(4) Before renting a rental unit, a landlord shall disclose to
a prospective tenant whether the rental unit or any adjoining
rental unit has been treated for bedbugs in the past 180 days.
(5) Upon request from a tenant or prospective tenant of a
rental unit, a landlord shall disclose the last date or dates on
which the rental unit and any adjoining rental units were inspected
for an infestation and whether the rental unit or units were found
to be free of infestation.
(6) A landlord shall offer reasonable assistance to a tenant
who is not able to perform preparation measures required under
section 1e. If the landlord proposes to charge for the reasonable
assistance, the landlord shall disclose to the tenant an estimate
of the amount the landlord will charge and obtain and disclose at
least 1 estimate for the same assistance from an unaffiliated third
party. After making this disclosure, the landlord may provide
financial or other assistance requested by the tenant for
preparation measures. The landlord may charge the tenant a
reasonable amount for any such assistance not exceeding the
estimated amount, subject to a reasonable repayment schedule, not
to exceed 6 months, unless an extension is otherwise agreed to by
the landlord and the tenant.
Sec. 1e. (1) A tenant shall promptly notify a landlord if the
tenant knows of or suspects an infestation of bedbugs in the
tenant's rental unit.
(2) Upon receiving reasonable notice, a tenant shall grant the
landlord, the landlord's agent, or the landlord's pest control
agent and its employees access to the rental unit for purposes of
an inspection or control measures. Twenty-four hours' notice is
presumed to be reasonable for purposes of this subsection and
subsection (3). The notice shall include reasons for and the scope
of the request for access to the rental unit. The initial
inspection shall include only a visual inspection and manual
inspection of the tenant's bedding and upholstered furniture.
However, the pest management professional and its employees may
inspect items other than bedding and upholstered furniture if such
an inspection is considered reasonable by the pest management
professional. If the pest management professional finds bedbugs in
the rental unit or in an adjoining unit, the pest management
professional and its employees may have additional access to the
tenant's personal property in the rental unit as determined
reasonable by the pest management professional considering standard
practices in the pest management industry.
(3) Upon receiving reasonable notice, a tenant shall perform
reasonable preparation measures as set forth by the landlord and
the pest management professional.
Sec. 1f. (1) A violation of section 1d or 1e by a landlord is
a violation of the covenant under section 39(1)(b) of 1846 RS 66,
MCL 554.139.
(2) A landlord who violates section 1d or 1e is liable to the
tenant for $250.00 or actual damages, whichever is greater, plus
actual, reasonable attorney fees.
(3) A local unit of government may adopt an ordinance to
prohibit a landlord from violating section 1d or 1e. A violation of
the ordinance is a municipal civil infraction. The ordinance shall
provide a civil fine of not more than $100.00 per day for a
violation.
(4) If a tenant fails to comply with reasonable requests for
preparation measures as set forth in sections 1d and 1e, the
landlord may bring an action against the tenant in circuit court
for the protection of the rental property or other tenants. The
landlord may bring the action on his or her own behalf or, upon
written authority, on behalf of an aggrieved tenant, or on behalf
of both. The court may order injunctive relief or award damages to
a plaintiff for losses suffered as a direct result of the tenant's
failure to comply with reasonable requests for preparation measures
as set forth in sections 1d and 1e. The court may issue a temporary
order for interim relief. If the court issues an order granting the
landlord access to the premises, the order shall provide that the
landlord shall not enter the premises until at least 24 hours have
elapsed after the order is served upon the tenant.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No. ____ or House Bill No. ____ (request no.
02116'13).
(b) Senate Bill No. ____ or House Bill No. ____ (request no.
02664'13).
(c) Senate Bill No. ____ or House Bill No. ____ (request no.
03143'13).