On May 14, 2020, Michigan Governor Gretchen Whitmer issued Executive Order No. 2020-85, extending the moratorium on evictions through June 11, 2020. It orders the following:
- No person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order is to be broadly construed.
- Judges remain free to order equitable relief.
- The obligation to pay or right to receive payment due under a lease is not changed. A landlord may still make a demand for the payment of rent. Any demand for payment of rent must not include a demand for possession, or other threat of eviction based on the nonpayment of rent or executory contract obligation. Service of a demand for payment may not be made by personal delivery.
- No person may enter residential property to remove or exclude from the premises a tenant, a vendee of a forfeited executory contract, a person holding under a tenant or vendee, or the personal property of any of these individuals including pursuant to a court writ, unless the person poses a substantial risk to another person or an imminent and severe risk to property.
- No sheriff, under-sheriff, constable, deputy, or other officer may serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract.
- No person may deny a mobile home owner access to their mobile home, except when that owner’s tenancy has been terminated because the owner poses a substantial risk to another person or an imminent and severe risk to property.
- Until thirty days after the above restrictions expire, any statutory limits on courts to adjourn proceedings, toll redemption periods or limitation periods, or extend any deadlines are suspended.
- A willful violation of this executive order is a misdemeanor.
In addition to these orders from the Governor, Michigan Supreme Court Order No. 2020-8 prohibits a summary proceeding action for possession of premises for nonpayment of rent prior to July 25, 2020 unless it contains verification on a SCAO-approved form indicating whether the property is exempt from the moratorium provided for under the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act moratorium generally covers properties with a federally insured loan or involving a federal housing program. It also prohibits late fees for covered properties until July 25, 2020.
This is only a general summary. Please contact Demorest Law Firm, PLLC for the specific details. Our office is ready to assist with your compliance to all of these orders, and to the CARES Act.
The full text of the executive order can be found at: https://content.govdelivery.com/attachments/MIEOG/2020/05/14/file_attachments/1451861/EO%202020-85%20Emerg%20order%20-%20evictions%20-%20re-issue.pdf
