New Michigan Legislation Aims to Help Landlords Deal with the Practical Aftermath of a Tenant’s Death
A new bill has been introduced in the Michigan House of Representatives that would help Michigan landlords deal with the practical issues that arise in the wake of a tenant’s death. Specifically, the bill would allow – under certain circumstances – a landlord to lawfully reenter and take possession of a tenant’s rental unit upon the tenant’s death, without having to resort to probate proceedings. This would help landlords avoid much time, expense, and hassle in circumstances where a deceased tenant appears to have no family or friends who are willing to help in wrapping up the tenant’s affairs.
Under the current circumstances, many landlords are hesitant to simply enter a deceased tenant’s unit and remove their personal property and re-rent the unit for fear that after they have done so a family member will appear on the scene and be unhappy with what has been done. As odd as it sounds, in such a circumstance, a landlord could face legal liability to a deceased tenant’s heirs for unlawful interference with the deceased tenant’s possession of the rental unit. Under Michigan law, if a tenant dies, only a court-appointed personal representative has the authority to enter the rental unit, collect personal property, and receive service of process in a landlord-tenant legal action. If a deceased tenant’s heirs don’t initiate probate proceedings, the landlord must do so in order to be able to legally gain access to the rental unit. This costs landlords both time (a minimum of 90 days under current Michigan law) and money.
As the law currently stands, if a landlord unlawfully interferes with a tenant’s possession of a rental unit, the tenant (or their heirs) is entitled to recover the amount of his or her actual damages or $200, whichever is greater. The tenant is also entitled to regain possession of the premises. Michigan law contains a definition of just what constitutes “unlawful interference.” This definition includes such actions as destroying or removing a tenant’s personal property; changing the locks; using force or threats of force; and introducing odors, noise, or other types of nuisances to force the tenant out of the rental unit.
There are currently some protections for landlords in this area. Michigan law specifically provides that a landlord will not be deemed to have unlawfully interfered with a tenant’s possession of a rental unit if the landlord regains entry per a court order; temporarily interferes with a tenant’s possession to make necessary repairs or inspections (so long as they are conducted according to law), or the landlord has a good faith belief that the tenant has abandoned the rental unit, and, after diligent inquiry, has reason to believe that the tenant does not intend to return and the current rent had not been paid.
The new bill would add to these protections by providing that a landlord will not be deemed to unlawfully interfere with a tenant’s possession of their rental unit by entering into a deceased tenant’s unit if certain requirements are met:
believe that it will assist them in the efficient and economical administration of their rental housing units. Tenants’ rights advocates have expressed concern that the effect of the law will be to disrespect deceased tenants and their estates.
Landlords and their representatives should monitor this legal development and consult with knowledgeable legal counsel if they find themselves confronted with any of these issues.
Under the current circumstances, many landlords are hesitant to simply enter a deceased tenant’s unit and remove their personal property and re-rent the unit for fear that after they have done so a family member will appear on the scene and be unhappy with what has been done. As odd as it sounds, in such a circumstance, a landlord could face legal liability to a deceased tenant’s heirs for unlawful interference with the deceased tenant’s possession of the rental unit. Under Michigan law, if a tenant dies, only a court-appointed personal representative has the authority to enter the rental unit, collect personal property, and receive service of process in a landlord-tenant legal action. If a deceased tenant’s heirs don’t initiate probate proceedings, the landlord must do so in order to be able to legally gain access to the rental unit. This costs landlords both time (a minimum of 90 days under current Michigan law) and money.
As the law currently stands, if a landlord unlawfully interferes with a tenant’s possession of a rental unit, the tenant (or their heirs) is entitled to recover the amount of his or her actual damages or $200, whichever is greater. The tenant is also entitled to regain possession of the premises. Michigan law contains a definition of just what constitutes “unlawful interference.” This definition includes such actions as destroying or removing a tenant’s personal property; changing the locks; using force or threats of force; and introducing odors, noise, or other types of nuisances to force the tenant out of the rental unit.
There are currently some protections for landlords in this area. Michigan law specifically provides that a landlord will not be deemed to have unlawfully interfered with a tenant’s possession of a rental unit if the landlord regains entry per a court order; temporarily interferes with a tenant’s possession to make necessary repairs or inspections (so long as they are conducted according to law), or the landlord has a good faith belief that the tenant has abandoned the rental unit, and, after diligent inquiry, has reason to believe that the tenant does not intend to return and the current rent had not been paid.
The new bill would add to these protections by providing that a landlord will not be deemed to unlawfully interfere with a tenant’s possession of their rental unit by entering into a deceased tenant’s unit if certain requirements are met:
- The landlord knew or believed in good faith that the last surviving tenant had been deceased for at least 30 days.
- The landlord had not been notified in writing that the tenant’s estate was being probated or provided with the name and address of a personal representative appointed by a probate court.
- The rent was overdue.
- At least seven days before reentry, the landlord placed a notice on the door of the premises indicating his or her intent to reenter and take possession of the premises.
believe that it will assist them in the efficient and economical administration of their rental housing units. Tenants’ rights advocates have expressed concern that the effect of the law will be to disrespect deceased tenants and their estates.
Landlords and their representatives should monitor this legal development and consult with knowledgeable legal counsel if they find themselves confronted with any of these issues.