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MI HB5764
Bill
Status
5/30/2024
Primary Sponsor
Stephanie Young
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AI Summary
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Prohibits courts from entering judgment for possession against a defendant if termination was retaliatory (penalty for asserting tenant rights, complaining to authorities, or engaging in tenant organization activities) or involved landlord breach of lease or statutory covenants.
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Requires courts to deduct a prorated daily rental amount from rent allegedly due when the landlord breached the lease or statutory covenants, and prohibits landlords from recovering late fees if such breach is found.
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Establishes a presumption favoring the retaliatory termination defense if the defendant attempted to enforce rights or complain within 90 days before eviction proceedings began and the complaint has not been dismissed or denied.
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Allows courts to deny cost awards to landlords in full or in part when determining the judge found a portion of rent was excused due to the landlord's breach of lease or statutory covenants.
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Makes the bill effective only upon enactment of HB 5761 and HB 5763 (tie-bar provision).
Legislative Description
Civil procedure: evictions; rent abatement remedies and award of attorney fees; modify. Amends secs. 5720, 5741 & 5759 of 1961 PA 236 (MCL 600.5720 et seq.). TIE BAR WITH: HB 5761'24
Civil procedure: evictions
Last Action
Bill Electronically Reproduced 05/30/2024
6/4/2024