Michigan House Bill HB5634

Michigan 2023-2024 Regular Session

• Introduced: 4/9/24
• Refer: 4/9/24

Caption

Property: other; alternate procedure to evict squatters; provide for. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714) & adds sec. 5712.

Impact

The bill, if enacted, would significantly modify the existing eviction processes by establishing a more direct and immediate remedy for property owners. It stipulates that the sheriff, upon verifying the property owner's claim, has the authority to serve an immediate vacate notice to unlawful occupants. This addresses concerns of property damage and unlawful occupation, allowing owners to reclaim their properties swiftly and efficiently, and possibly reducing the burden of lengthy eviction court procedures that often take a significant amount of time.

Summary

House Bill 5634 seeks to amend the Revised Judicature Act of 1961 with the addition of a new section aimed at streamlining procedures for the removal of unlawful occupants from residential properties. The bill allows property owners or their authorized agents to submit a verified complaint to the county sheriff to request the immediate removal of individuals unlawfully occupying a residential dwelling. The legislation emphasizes a rapid response mechanism for landlords facing issues with squatters or illegal tenants, thereby trying to expedite the removal process compared to prior legal standards.

Contention

Notably, the bill raises potential contentions regarding tenant rights and due process. Critics may argue that the expedited procedures could undermine the rights of occupants who may be in vulnerable situations such as financial hardship or legal disputes. The bill’s wording allows for the possibility of wrongful removal claims by unlawful occupants, which implies that property owners must still take care to ensure all statutory requirements are followed strictly to avoid legal repercussions. This could lead to debates surrounding the balance between property rights and the rights of individuals facing eviction.