Domestic Violence Statute Directly Affecting Landlords/Property Managers Michigan - NEW

Domestic Violence Statute Directly Affecting Landlords/Property Managers - NEW!

This came to be from my attorney (his information is below and with his permission I am posting this as I had not heard about it nor had a property manager I work with who has 400 properties she manages)  

Wendy:

Not sure if this is helpful or you have already received this from another
attorney, but I thought I would pass it on to you. Please feel free to pass
it on to those you think this might find this helpful.

Dan Marsh

The Landlord and Tenants Relationships Act has been amended by 2010 PA 199, effective 10/5/10.  The changes apply to leases entered into, renewed, or renegotiated after October 5, 2010. In summary, the statute allows a tenant “who has a reasonable apprehension of present danger to the tenant or his or her child from domestic violence, sexual assault, or stalking while that person is a tenant” to be released from the obligation to pay rent, provided the tenant submits written notice to the landlord by certified mail.  

The release from the obligation to pay rent is effective on the first day of the
second month after the tenant gives notice.  For example, a tenant who
submits written notice by certified mail on November 15, 2010, would be
released from the obligation to pay rent on January 1, 2011.  The release is
effective only if the tenant vacates the premises.  The release does not
require the landlord to return any prepaid rents and the landlord may
process the security deposit pursuant to statute. In addition to the written
notice, the tenant must submit written documentation consisting of at least
one of the following: 

·       A valid PPO or foreign (from another state) protection order or an
order removing an abusive person from a home under the Juvenile Code.  The order must be in effect at the time of the submittal.

·       A valid probation order, conditional release order or parole order
(still in effect at the time of submittal) that imposes conditions to
protect the tenant or the tenant’s child, including a no contact order.

·       A written police report that resulted in charges no more than 14
days before the submittal of the notice and the documentation.

·       A written police report that resulted in charges more than 14 days
before the submittal of the notice and documentation if accompanied by a
form demonstrating a verifiable threat (the format and substance of the form
are detailed in the statute).

·       A report verified by a qualified third party (sexual assault or
domestic violence counselor, licensed health professional, mental health
professional, member of the clergy). Leases may contain the following
provision 

– “A tenant who has a reasonable apprehension of present danger to him or
her or his or her child from domestic violence, sexual assault, or stalking
may have special statutory rights to seek a release of rental obligation
under MCL 554.601b.”  

If the lease contains the provision, the language should be exact.  If the
lease DOES NOT contain the provision, the landlord must either post written
notice in the management office visible to a reasonable person or deliver
written notice to the tenant at the time the lease is signed. The statute
limits the distribution of the vacating tenant’s forwarding address and
provides that other tenants jointly and severally liable under the lease are
not released from the obligation to pay rent. This statute is effective NOW,
and you should arrange to provide the required notice with all new leases,
renewals and modifications. As a reminder, HUD rules prohibit landlords from terminating HUD leases because the tenant is a victim of domestic
violence. If your company does not have a domestic violence policy you
should consider adopting one so that all employees have the necessary
information to properly handle incidents of domestic and sexual violence on
your property.  Click here for a copy of the new statute.


Below is the link for a copy of the new statute.

http://www.legislature.mi.gov/documents/2009-2010/publicact/pdf/2010-PA-0199
.pdf

Hope this is helpful,

Dan Marsh

Daniel P. Marsh
Daniel P. Marsh, PLLC
Attorney At Law
Columbia Center
101 West Big Beaver Road, 14th Floor
Troy, MI 48084
810 300 3074
Email: dan@danielpmarsh.com  Web: www.danielpmarsh.com