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MI HB4587
Bill
Status
3/12/2020
Primary Sponsor
Jason Sheppard
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AI Summary
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Amends MCL 600.5741 to allow late payment fees in eviction judgments based on nonpayment of rent, capped at the greater of $50 per month or 10% of monthly rental amount unless lessor demonstrates a higher fee in the lease is reasonable.
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Modifies MCL 600.5741 to require judges or juries to deduct any rent excused by plaintiff's breach of lease or statutory covenants when calculating amounts due in possession judgments.
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Clarifies in MCL 600.5750 that judgments for possession after forfeiture of executory contracts merge and bar claims for money payments due at time of trial, but do not bar claims for subsequent payments.
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Allows plaintiffs obtaining possession judgments to bring civil actions for damages from forcible entry, detainer, trespass, or notice of forfeiture, with the same late fee limitations applied (greater of $50 or 10% of monthly rent unless higher fee is reasonable).
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Takes effect 90 days after enactment.
Legislative Description
Civil procedure: evictions; late payment fees; allow limited fees to be awarded in summary proceedings. Amends secs. 5741 & 5750 of 1961 PA 236 (MCL 600.5741 & 600.5750).
Civil procedure: evictions
Last Action
Referred To Committee On Judiciary And Public Safety
3/17/2020