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MI HB5634
Bill
Status
4/9/2024
Primary Sponsor
Ken Borton
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AI Summary
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Establishes new Section 5712 allowing property owners or authorized agents to submit a verified complaint to the county sheriff requesting immediate removal of unlawful occupants from residential dwellings without court proceedings.
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Requires the complaint to include 13 specific declarations under penalty of perjury, including that the occupants entered without permission, are not tenants or owners, are not family members, and that the owner has directed them to leave.
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Directs the sheriff to verify the complainant's ownership and immediately serve a notice to vacate on unlawful occupants by hand delivery or posting; the sheriff may arrest occupants for trespass or other crimes and is entitled to the same fee as for eviction service.
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Allows property owners to request the sheriff stand by while changing locks and removing the occupants' personal property, with the owner responsible for paying a reasonable hourly rate; neither the sheriff nor property owner is liable for property damage unless wrongful.
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Permits unlawful occupants to bring a civil action for wrongful removal and recover actual damages, statutory damages equal to triple the fair market rent, court costs, and attorney fees if improperly removed under this procedure.
Legislative Description
Property: other; alternate procedure to evict squatters; provide for. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714) & adds sec. 5712.
Housing: other
Last Action
Bill Electronically Reproduced 04/09/2024
4/10/2024