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Supreme Court Extends Landlord/Tenant Order Through 2020

On Oct. 22, the Supreme Court approved amendments to Administrative Order 2020-17 (landlord/tenant), which extends compliance through the end of 2020 while the Centers for Disease Control (CDC) order halting evictions for nonpayment of rent cases is in effect.

Michigan courts will process nonpayment of rent cases through entry of judgment, but no order of eviction can be issued for those cases while the CDC order is in effect. That order is currently set to expire December 31, 2020, although it has been challenged in some federal courts.

The amended order provides guidance to courts so that they can consistently process cases that may be affected by the CDC eviction moratorium.

The order includes a new requirement that plaintiffs file a verification form indicating whether or not a defendant has submitted a declaration to the plaintiff that he or she falls within the order’s protections.

In addition, the amendments would require courts to continue holding a pretrial hearing and advising tenants of the right to counsel and assistance programs.

The order facilitates implementation of a $60 million state eviction diversion program that connects renters with attorneys and with rental assistance. As of Sept. 30, Michigan’s eviction diversion program has already processed 3,000 cases, providing $10 million in rental assistance. The number of landlord/tenant filings in September (the most recent month for which data was completed) was 60 percent of the number of filings in 2019.

The real estate attorneys at O’Reilly Rancilio are ready to answer your questions regarding Michigan landlord/tenant laws. For more information, call 586-726-1000 or visit our website.

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