PROPERTY OWNER; UNLAWFUL INTERFERENCE S.B. 112:
SUMMARY AS ENACTED
Senate Bill 112 (as enacted) PUBLIC ACT 41 of 2019
Sponsor: Senator Peter J. Lucido
Senate Committee: Judiciary and Public Safety
House Committee: Judiciary
CONTENT
The bill amended Chapter 29 (Provisions Concerning Specific Actions) of the Revised Judicature Act (RJA) to revise a provision that previously specified that a property owner's actions do not lawfully interfere with a tenant's possessory interest if the owner believes in good faith that the tenant had abandoned the premises to refer, instead, to the owner's good faith belief or a determination of abandonment by court officer, bailiff, or deputy sheriff.
Under the RJA, if a property owner has unlawfully interfered with the possessory interest of a tenant in possession of the premises, the tenant is entitled to recover damages for each occurrence. If possession has been lost, the tenant is entitled to recover possession. The Act specifies conditions that constitute unlawful interference with a possessory interest, including use or threat of force; removal, retention or destruction of property; and changing, altering, or adding locks without immediately providing keys.
Previously, an owner's actions did not unlawfully interfere with a possessory interest under certain circumstances, including if the owner believed in good faith that the tenant had abandoned the premises, and after diligent inquiry had reason to believe the tenant did not intend to return, and current rent was not paid.
Instead, under the bill, an owner's actions do not unlawfully interfere with a possessory interest if the owner, or a court officer appointed by or a bailiff of the court that issued the order or a deputy sheriff of the county in which the court is located, believes in good faith that the tenant has abandoned the premises and after diligent inquiry has reason to believe that the tenant does not intend to return, and current rent is not paid.
The bill took effect on July 23, 2019.
MCL 600.2918 Legislative Analyst: Stephen Jackson
FISCAL IMPACT
The bill will have no fiscal impact on State or local government.
Fiscal Analyst: Michael Siracuse
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.