Michigan House Bill HB5765

Michigan 2023-2024 Regular Session

• Introduced: 5/30/24
• Refer: 5/30/24

Caption

Civil procedure: evictions; award for unlawful eviction; modify. Amends sec. 2918 of 1961 PA 236 (MCL 600.2918).

Impact

The enactment of HB5765 would significantly alter the legal landscape surrounding tenant and landlord interactions in Michigan. Specifically, it would enhance the remedies available to tenants who face unlawful eviction methods by introducing a clearer pathway for them to seek compensation. Forcible actions, such as changing locks or denying tenant access, are clearly defined under the legislation, thus providing tenants with legal recourse when their rights are violated. The bill aims to deter landlords from engaging in unlawful eviction practices, ultimately promoting fair housing standards.

Summary

House Bill 5765 aims to amend the Revised Judicature Act of 1961, specifically updating section 2918. The legislation seeks to strengthen protections for tenants against unlawful eviction and interference with their possessory rights. Under the proposed amendments, individuals forcibly ejected from their homes or prevented from accessing them unlawfully would be entitled to recover triple the amount of their actual damages or specified daily compensation for ongoing unlawful conduct. Additionally, exemplary damages may also be awarded, reflecting the severity of the actions taken against the tenant.

Contention

However, there are concerns regarding the implications of this legislation. Opponents may argue that the broad definitions of unlawful interference could inadvertently hinder landlords' ability to manage their properties effectively. Furthermore, questions remain about how the enforcement of these new standards will be monitored and upheld in practice. Critics might also highlight potential unintended consequences such as landlords becoming overly cautious in their management decisions, possibly leading to issues around property maintenance and tenant management.