Property: other; alternate procedure to evict squatters; provide for. Amends sec. 5714 of 1961 PA 236 (MCL 600.5714) by adding sec. 5712.
If enacted, HB5730 would significantly affect the eviction procedures in Michigan. It empowers property owners by allowing them to directly engage the sheriff to initiate immediate action against unlawful occupants; this changes the existing legal landscape where landlords often had to pursue lengthy court processes. The bill could provide quicker relief for property owners facing issues with squatters, potentially reducing losses associated with property damage or rent not being collected during protracted legal disputes.
House Bill 5730 aims to amend the Revised Judicature Act of 1961, specifically targeting the procedures for eviction of unlawful occupants from residential properties. The bill introduces a new section (5712) that allows property owners or their authorized agents to submit a verified complaint to the county sheriff, requesting the immediate removal of individuals unlawfully occupying a residential dwelling. This expedited process seeks to simplify and accelerate the eviction process for owners dealing with squatters or unlawful occupants who refuse to vacate after being directed to do so.
Despite its potential benefits, the bill may also spark controversy, particularly from advocates concerned about tenants' rights. Critics may argue that the expedited process could lead to wrongful evictions, as it could limit the due process rights of occupants. To address these concerns, the bill includes safeguards, allowing occupants to bring civil action for wrongful removal, and establishes liabilities for property owners or agents if the removal is determined to be wrongful. The balance between quickly addressing property rights and ensuring fair treatment for all parties involved will likely be a focal point of debate.
The bill outlines detailed requirements for the complaint to be submitted to the sheriff, including affirmations regarding the unlawful occupancy, the submission of identification, and grounds for eviction. It also specifies that the sheriff must verify the legitimacy of the complaint before taking action, aiming to prevent misuse of this procedure by property owners. The introduction of such a law reflects ongoing discussions around property rights and the challenges of unlawful occupancy in urban settings.