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.
Senate Bill No. 909 seeks to amend the Revised Judicature Act of 1961 to provide an alternative procedure for the eviction of squatters from residential properties. This bill allows 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 valid leases or pending litigation.
Upon receiving a verified complaint, the sheriff is mandated to serve a notice on the occupants to vacate immediately and restore possession to the property owner. This notice can be served either by hand delivery or by posting on the dwelling. The sheriff is also tasked with verifying the identities of the occupants and may arrest individuals for trespassing or other legal causes if necessary.
The bill specifies that the sheriff is entitled to a service fee for the eviction process and may charge an additional fee for standing by during the removal of occupants. Property owners and their agents are shielded from liability for damages to personal property during the eviction, except in cases of wrongful removal. In instances of wrongful removal, a civil cause of action is available for the recovery of costs, damages, and attorney fees.
Furthermore, the bill outlines specific circumstances under which a person is considered to be unlawfully occupying premises, such as after lease termination, creating health hazards, or using force to maintain possession. It aims to streamline the process for evicting squatters by providing a clear, alternative legal pathway for property owners to regain possession of their properties.
Co-sponsored by Sens.
Referred to the Committee on Civil Rights, Judiciary, and Public Safety
