Recent statutory changes affecting landlord-tenant practice are the focus of this month’s update.

Statutory Attorney Fees

            In a multi-fold increase from its prior version, amended MCL 600.5759, effective July 1, 2004, authorizes the court to allow as taxable costs in summary proceedings an amount not exceeding the following:  for judgment taken by default or consent, $75; and for trial of a claim for possession and/or money judgment, $150.  Although it took over four years, costs specifically taxable in landlord-tenant cases now effectively mirror the increased costs allowable in general civil actions by virtue of 1999 amendments to MCL 600.2441.

            Please note, however, that MCL 600.5759 does not mandate taxation of costs in summary proceedings but, rather, indicates that the court may allow an amount not exceeding the statutory ceiling (subparagraph 1); and expressly indicates that, in determining taxable costs, the court take into consideration whether a portion of rent is excused by reason of the landlord’s breach of the parties’ lease or statutory covenants (subparagraph 2).

Controlled Substance Violations

 Amendments to MCL 554.134, 600.5714, 600.5735, and 600.5744, effective September 1, 2004, significantly enhance the existing mechanism authorizing eviction of tenants / occupants who manufacture, deliver or possess a controlled substance on leased premises. 

 Specifically, the amendments provide that,

 (A)       a lease may be terminated upon a written 24-hour notice (formerly a 7-day notice was required) if (i) a controlled substance violation occurs on leased premises, (ii) the parties’ lease contains a clause providing for termination for such a violation, and (iii) the landlord files a police report alleging the violation;

 (B)       the court is to grant no adjournment of the eviction hearing, except for extraordinary reasons; and

 (C)       a writ of restitution may be issued immediately, if the violation is pleaded and proved, with notice.

             Accordingly, assuming all requirements are satisfied (i.e. controlled substance violation, lease clause, police report, notice to quit, and pleading / proofs / notice), the court is now authorized to cause eviction of offending tenants / occupants on an accelerated basis. 

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