| 1 | 1 | | SENATE BILL NO. 19 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 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 this 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) Beginning on the effective date of the amendatory act that added this subsection, 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, a lessor or licensor shall commence repairs in accordance with all of the following: (a) If the defective condition is imminently hazardous to life or hazardous to the health and safety of the lessee or licensee, the lessor or licensor shall commence repairs or removal not more than 48 hours after receipt of the written notice. (b) If the defective condition is the presence or reasonable suspicion of the presence of mold, the lessor or licensor shall commence repairs or removal not more than 72 hours after receipt of the written notice. The repairs or removal under this subdivision must be in accordance with the ANSI/IICRC standard 520 for professional mold remediation, or its successor publication. (c) If the defective condition is the presence of bedbugs or other pests or does not meet the requirements of subdivision (a) or (b) but deprives the lessee or licensee of the use of 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. (d) In all other cases, the lessor or licensor shall commence repairs not more than 7 days after receipt of the written notice. (4) A lessor or licensor that does not commence repairs within the time period described under subsection (3)(a) to (d) has breached the rental agreement, warranty of habitability, and duty to repair, and the lessee or licensee may do any of following: (a) Withhold rent, deposit the rent into an escrow account, and remit the rent to the lessor or licensor not later than 24 hours after the lessor or licensor completes the repairs. (b) Commence repairs and deduct the costs of repairs from the rent. (5) A lessee or licensee that elects to proceed under subsection (4)(b) shall do all of the following: (a) Obtain at least 3 free written repair estimates from an individual licensed under the occupational code, 1980 PA 299, MCL 339.101 to 339.2677. (b) Send the written repair estimates to the lessor or licensor with a written notice that states that the lessee or licensee will make the repairs unless the lessor or licensor agrees to make the repairs within 24 hours after the receipt of the written repair estimates and the notice required under this subdivision, and that the cost of making the repairs will be deducted from the rent. (c) Keep all receipts related to the repairs and note the dates of repair. (d) Send copies of all receipts and the remaining portion of the rent to the lessor or licensor. (6) A lessor or licensor shall not retaliate or discriminate against a lessee or licensee that complies with subsections (4) and (5). (7) A rental agreement entered into or renewed on or after the effective date of the amendatory act that added subsection (3) must incorporate the lessee's or licensee's right to repair and deduct or withhold rent until repairs are completed as described under subsections (4) and (5). (8) As used in this section, "commence repairs" means physically initiating repairs. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law: (a) Senate Bill No. 21. (b) Senate Bill No. 20. |
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| 23 | 23 | | SENATE BILL NO. 19 |
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| 27 | 27 | | A bill to amend 1846 RS 66, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Of estates in dower, by the curtesy, and general provisions concerning real estate," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 39 (MCL 554.139). |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 39. (1) In every lease or license of residential premises, the lessor or licensor covenants: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) That the premises and all common areas are fit for the use intended by the parties. |
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| 38 | 38 | | |
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| 39 | 39 | | (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 this 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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| 40 | 40 | | |
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| 41 | 41 | | (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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| 42 | 42 | | |
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| 43 | 43 | | (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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| 44 | 44 | | |
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| 45 | 45 | | (3) Beginning on the effective date of the amendatory act that added this subsection, 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, a lessor or licensor shall commence repairs in accordance with all of the following: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) If the defective condition is imminently hazardous to life or hazardous to the health and safety of the lessee or licensee, the lessor or licensor shall commence repairs or removal not more than 48 hours after receipt of the written notice. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) If the defective condition is the presence or reasonable suspicion of the presence of mold, the lessor or licensor shall commence repairs or removal not more than 72 hours after receipt of the written notice. The repairs or removal under this subdivision must be in accordance with the ANSI/IICRC standard 520 for professional mold remediation, or its successor publication. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) If the defective condition is the presence of bedbugs or other pests or does not meet the requirements of subdivision (a) or (b) but deprives the lessee or licensee of the use of 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 | | (d) In all other cases, the lessor or licensor shall commence repairs not more than 7 days after receipt of the written notice. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) A lessor or licensor that does not commence repairs within the time period described under subsection (3)(a) to (d) has breached the rental agreement, warranty of habitability, and duty to repair, and the lessee or licensee may do any of following: |
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| 56 | 56 | | |
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| 57 | 57 | | (a) Withhold rent, deposit the rent into an escrow account, and remit the rent to the lessor or licensor not later than 24 hours after the lessor or licensor completes the repairs. |
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| 58 | 58 | | |
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| 59 | 59 | | (b) Commence repairs and deduct the costs of repairs from the rent. |
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| 60 | 60 | | |
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| 61 | 61 | | (5) A lessee or licensee that elects to proceed under subsection (4)(b) shall do all of the following: |
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| 62 | 62 | | |
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| 63 | 63 | | (a) Obtain at least 3 free written repair estimates from an individual licensed under the occupational code, 1980 PA 299, MCL 339.101 to 339.2677. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) Send the written repair estimates to the lessor or licensor with a written notice that states that the lessee or licensee will make the repairs unless the lessor or licensor agrees to make the repairs within 24 hours after the receipt of the written repair estimates and the notice required under this subdivision, and that the cost of making the repairs will be deducted from the rent. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) Keep all receipts related to the repairs and note the dates of repair. |
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| 68 | 68 | | |
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| 69 | 69 | | (d) Send copies of all receipts and the remaining portion of the rent to the lessor or licensor. |
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| 70 | 70 | | |
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| 71 | 71 | | (6) A lessor or licensor shall not retaliate or discriminate against a lessee or licensee that complies with subsections (4) and (5). |
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| 72 | 72 | | |
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| 73 | 73 | | (7) A rental agreement entered into or renewed on or after the effective date of the amendatory act that added subsection (3) must incorporate the lessee's or licensee's right to repair and deduct or withhold rent until repairs are completed as described under subsections (4) and (5). |
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| 74 | 74 | | |
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| 75 | 75 | | (8) As used in this section, "commence repairs" means physically initiating repairs. |
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| 76 | 76 | | |
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| 77 | 77 | | Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law: |
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| 79 | 79 | | (a) Senate Bill No. 21. |
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| 83 | 83 | | (b) Senate Bill No. 20. |
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