A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5720, 5741, and 5759 (MCL 600.5720, 600.5741, and 600.5759), section 5720 as amended by 1980 PA 75 and section 5759 as amended by 2004 PA 31.
This bill focuses on modifying the conditions under which a court can enter a judgment for possession of premises in cases of tenancy termination. Key provisions include:
Protection Against Retaliatory Eviction: The bill seeks to protect tenants from eviction as a penalty for lawful actions such as enforcing rights under the lease, reporting health or safety violations, or participating in tenant organizations. It establishes that a court cannot enter a judgment for possession if the termination of tenancy is primarily intended as a penalty for such actions.
Presumption of Retaliatory Termination: It introduces a presumption that a termination is retaliatory if the tenant's lawful action occurred within 90 days before the commencement of eviction proceedings, shifting the burden to the plaintiff to prove otherwise.
Accountability for Plaintiff's Breaches: The bill mandates that any judgment for possession must consider any breaches by the plaintiff, which could lead to a reduction in the amount due or the elimination of late fees.
Allowable Costs in Tenancy Proceedings: It outlines the costs that can be awarded in tenancy proceedings, potentially limiting what plaintiffs can recover.
Tie-Bar with Other Legislation: The enactment of this bill is contingent upon the passage of related bills, indicating its part in a broader legislative effort to reform tenant rights and eviction processes.
This legislation represents a significant shift towards strengthening tenant protections against retaliatory evictions and ensuring that landlords are held accountable for their obligations under the lease.
Co-sponsored by Reps.
Referred to the Committee on Economic Development and Small Business
