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MI HB5754

Bill

Status

Introduced

5/30/2024

Primary Sponsor

Penelope Tsernoglou

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Origin

House of Representatives

102nd Legislature

AI Summary

  • Increases the waiting period before a writ of restitution can be issued in eviction cases from 10 days to 14 days after entry of judgment for possession, except in cases covered by subsections (3) and (4)

  • Preserves existing exceptions allowing immediate issuance of writs of restitution when premises are subject to housing code violations, forcible entry occurred, defendant obtained possession through trespass, or tenant is causing serious health hazards

  • Maintains existing 90-day and 6-month waiting periods for writs of restitution in cases involving forfeiture of executory contracts, depending on the percentage of purchase price paid

  • Tolls the waiting period if an appeal is taken or motion for new trial is filed with a bond to stay proceedings until final disposition

  • Allows judgment for nonpayment of rent or breach of executory contract to be stayed if the full amount owed plus costs is paid or material breaches are cured within the applicable waiting period

Legislative Description

Civil procedure: evictions; redemption time period for tenancy; modify. Amends sec. 5744 of 1961 PA 236 (MCL 600.5744).

Civil procedure: evictions

Last Action

Bill Electronically Reproduced 05/30/2024

6/4/2024

Committee Referrals

Economic Development And Small Business5/30/2024

Full Bill Text

No bill text available