| 1 | 1 | | HOUSE BILL NO. 5761 A bill to amend 1846 RS 66, entitled "Of estates in dower, by the curtesy, and general provisions concerning real estate," by amending section 39 (MCL 554.139). the people of the state of michigan enact: Sec. 39. (1) In every lease or license of residential premises, the lessor or licensor makes both of the following covenants: (a) That the premises and all common areas are fit for the use intended by the parties. (b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are is located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants lessee's or licensee's wilful or irresponsible conduct or lack of conduct. (2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year. (2) (3) The provisions of this section shall Subsection (1) must be liberally construed, and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall must not defeat his the prospective lessee's or licensee's right to have the benefit of the covenants established herein.under subsection (1). (3) A lessee or licensee shall notify a lessor or licensor in writing of a defective condition on the premises. On receipt of a written notice required under this subsection or otherwise having actual notice of a defective condition, and subject to subsection (4), a lessor or licensor shall commence repairs in accordance with all of the following: (a) If the defective condition deprives the lessee or licensee of hot or cold water, including working plumbing fixtures, heat, or electricity, the defective condition is imminently hazardous to life, or the defective condition is hazardous to the health and safety of the lessee or licensee, including, but not limited to, the presence of bedbugs or other pest, or the presence or reasonable suspicion of the presence of mold, the lessor or licensor shall commence repairs or removal not more than 24 hours after receipt of the written notice. (b) If the defective condition deprives the lessee or licensee of the use of the refrigerator, the range or oven, or other appliances supplied by the lessor or licensor, the lessor or licensor shall commence repairs not later than 72 hours after the receipt of the written notice. (c) In all other cases, the lessor or licensor shall commence repairs not more than 10 days after receipt of the written notice. (4) Notwithstanding subsection (3), if the lessee or licensee interferes with the ability of the lessor or licensor to commence repairs or removal or there are circumstances beyond the control of the lessor or licensor that interferes with the ability of the lessor or licensor to commence repairs or removal within the time period specified under subsection (3), the lessor or licensor shall commence repairs or removal as soon as practicable. (5) The written notice required under subsection (3) must be made in a manner reasonably calculated to give actual notice of the defective condition to the lessor or licensor, including, but not limited to, any of the following: (a) By email. For purposes of this subdivision, the lessee or licensee must ensure that the written notice is sent to an email address that the lessor or licensor provided to the lessee or licensee or previously used to communicate with the lessee or licensee. (b) By personal delivery of the written notice to the lessor or licensor, signed by the lessor or licensor, and of which the lessee or licensee retains a copy or image. (c) By submitting the written notice through an electronic portal specified by the lessor or licensor in the lease or license for communications. (d) In any other manner of transmitting written communication that the lessee or licensee has previously used to communicate with the lessor or licensor and the lessor or licensor has previously accepted, or that the lessor or licensor has notified the lessee or licensee is a manner of contacting the lessor or licensor. The manner of transmitting written communication under this subdivision includes, but is not limited to, text messages on a wireless 2-way communication device. (6) As used in this section, "lessor or licensor" includes an agent of the lessor or licensor. |
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| 25 | 25 | | HOUSE BILL NO. 5761 |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1846 RS 66, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Of estates in dower, by the curtesy, and general provisions concerning real estate," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending section 39 (MCL 554.139). |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 39. (1) In every lease or license of residential premises, the lessor or licensor makes both of the following covenants: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) That the premises and all common areas are fit for the use intended by the parties. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are is located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants lessee's or licensee's wilful or irresponsible conduct or lack of conduct. |
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| 42 | 42 | | |
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| 43 | 43 | | (2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year. |
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| 44 | 44 | | |
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| 45 | 45 | | (2) (3) The provisions of this section shall Subsection (1) must be liberally construed, and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall must not defeat his the prospective lessee's or licensee's right to have the benefit of the covenants established herein.under subsection (1). |
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| 46 | 46 | | |
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| 47 | 47 | | (3) A lessee or licensee shall notify a lessor or licensor in writing of a defective condition on the premises. On receipt of a written notice required under this subsection or otherwise having actual notice of a defective condition, and subject to subsection (4), a lessor or licensor shall commence repairs in accordance with all of the following: |
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| 48 | 48 | | |
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| 49 | 49 | | (a) If the defective condition deprives the lessee or licensee of hot or cold water, including working plumbing fixtures, heat, or electricity, the defective condition is imminently hazardous to life, or the defective condition is hazardous to the health and safety of the lessee or licensee, including, but not limited to, the presence of bedbugs or other pest, or the presence or reasonable suspicion of the presence of mold, the lessor or licensor shall commence repairs or removal not more than 24 hours after receipt of the written notice. |
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| 50 | 50 | | |
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| 51 | 51 | | (b) If the defective condition deprives the lessee or licensee of the use of the refrigerator, the range or oven, or other appliances supplied by the lessor or licensor, the lessor or licensor shall commence repairs not later than 72 hours after the receipt of the written notice. |
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| 52 | 52 | | |
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| 53 | 53 | | (c) In all other cases, the lessor or licensor shall commence repairs not more than 10 days after receipt of the written notice. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) Notwithstanding subsection (3), if the lessee or licensee interferes with the ability of the lessor or licensor to commence repairs or removal or there are circumstances beyond the control of the lessor or licensor that interferes with the ability of the lessor or licensor to commence repairs or removal within the time period specified under subsection (3), the lessor or licensor shall commence repairs or removal as soon as practicable. |
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| 56 | 56 | | |
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| 57 | 57 | | (5) The written notice required under subsection (3) must be made in a manner reasonably calculated to give actual notice of the defective condition to the lessor or licensor, including, but not limited to, any of the following: |
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| 58 | 58 | | |
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| 59 | 59 | | (a) By email. For purposes of this subdivision, the lessee or licensee must ensure that the written notice is sent to an email address that the lessor or licensor provided to the lessee or licensee or previously used to communicate with the lessee or licensee. |
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| 60 | 60 | | |
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| 61 | 61 | | (b) By personal delivery of the written notice to the lessor or licensor, signed by the lessor or licensor, and of which the lessee or licensee retains a copy or image. |
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| 62 | 62 | | |
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| 63 | 63 | | (c) By submitting the written notice through an electronic portal specified by the lessor or licensor in the lease or license for communications. |
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| 64 | 64 | | |
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| 65 | 65 | | (d) In any other manner of transmitting written communication that the lessee or licensee has previously used to communicate with the lessor or licensor and the lessor or licensor has previously accepted, or that the lessor or licensor has notified the lessee or licensee is a manner of contacting the lessor or licensor. The manner of transmitting written communication under this subdivision includes, but is not limited to, text messages on a wireless 2-way communication device. |
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| 66 | 66 | | |
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| 67 | 67 | | (6) As used in this section, "lessor or licensor" includes an agent of the lessor or licensor. |
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