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Landlord-Tenant Issues

Evictions. "Beginning July 16, 2020, Michigan landlords and lenders are strongly encouraged to take advantage of COVID-19 housing debt remedies, rather than pursuing eviction or foreclosure." EO 2020-134.

Further, subject to the conditions set out in EO 2020-134(3)-(4), a conditional dismissal under MCR 2.602, of a claim based on COVID-19 housing debt may provide for the Eviction Diversion Program or any similar relief fund established to pay up to 90% of the amount due to the plaintiff (subject to fund availability) via a lump sum rental assistance payment. EO 2020-134(3).

Effective September 4, 2020, the U.S. Centers for Disease Control issued an order temporarily halting evictions to stop the spread of COVID-19. The order remains in effect through December 31, 2020. The State Court Administrative Office has prepared FAQs​ to help district court judges and administrators respond to the order. Additional information is available at Michigan Legal Help​​, including a DIY toolkit to help defendants sign the declaration that covered persons must present to landlords.

Summary Proceedings. Administrative Order No. 2020-17 sets forth several provisions regarding landlord/tenant actions once courts are able to begin conducting summary proceedings. Among other things, AO 2020-17 addresses the prioritization and scheduling of hearings, pleadings, and required notifications to the parties in an effort to “help limit the possibility of further infection while ensuring that landlord/tenant cases are able to be filed and adjudicated efficiently.” AO 2020-17 “is effective until further order of the Court.” See also the guidance document issued in conjunction with and the FAQs on AO 2020-17.

 

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