A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2014 PA 223, and by adding section 5712.
House Bill No. 5730 aims to provide an alternative procedure for property owners to evict squatters from residential properties. This bill amends the Revised Judicature Act of 1961, allowing property owners or their authorized agents to file a verified complaint with the county sheriff for the immediate removal of unlawful occupants. The complaint must include declarations under penalty of perjury regarding ownership, the unlawful status of the occupants, and the absence of pending litigation related to the property. Upon verification, the sheriff is tasked with serving a notice to vacate and restoring possession to the owner.
The bill details the complaint's form and content, the submission and enforcement procedure, and the sheriff's responsibilities, including serving notices and possibly arresting occupants if necessary. Property owners can request the sheriff's presence during the removal process, and both parties are shielded from liability for property damage unless the removal is wrongful. Wrongfully removed occupants may seek damages through a civil cause of action.
Additionally, the bill outlines conditions under which occupancy is considered unlawful, such as lease termination, creating health hazards, or remaining after a sale or legal action. It also specifies circumstances under which a person entitled to possession may recover it through summary proceedings, including nonpayment of rent and illegal activities on the premises. The legislation emphasizes that eviction or lease termination must be for just cause, aligning with broader tenant protection frameworks.
Introduced
by
Referred to the Committee on Economic Development and Small Business
