Home > Uncategorized > Michigan Real Estate Law Update: Evict by E-mail?

Michigan Real Estate Law Update: Evict by E-mail?

Investment Property Owners/Managers must be active at the State Capitol.

 

On March 18 House Bill 5415 was proposed.  You can check it out here

 

As far as proposed legislation goes, this is probably the most uncomplicated bill I have seen in a long time.

 

It would provide that  a “Demand For Possession” could be served via e-mail, if authorized in a written agreement.

 

Anyone who has had to go through the unpleasant process of either evicting a tenant, or being evicted, knows that the process itself is heavily “form driven”. What I mean, is that, unlike other areas of the law, the process of eviction is a standardized process with standardized SCAO (State Court Administrative Office) Approved forms.

The first form that you must serve on a tenant if you intend to evict them is a “Demand For Possession.” Serving this Demand on the tenant is required before you can actually evict a tenant.

 

Depending on the type of eviction, it can be a “7-day demand” “30-day demand” even a “24-hour demand”.

 

Given the great body of state law that provides residential tenants with certain rights, commonly known as the  “Truth in Lending Act” it isn’t surprising that Property Owners/Management are trying to find creative ways to be as efficient as possible when trying to terminate a bad tenant relationship.
Certainly sending an e-mail “LEAVE THE PREMISES IN 7 DAYS OR I WILL SEE YOU IN COURT” might be a quick way to get across the message to a tenant. But then again, if a tenant is not paying his/her rent, e-mail might not be the best way to reach them; I wonder what the chances are that they are not paying their phone/internet service provider?

 

Thoughts?

email: Jeshua@dwlawpc.com

http://www.dwlawpc.com

 

 

 

 

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Categories: Uncategorized
  1. Kristy
    March 24, 2014 at 11:26 pm

    I can almost certainly guarantee they are paying the cable/internet bill or the “smart” phone bill! Thanks for the heads up on this bill.

  2. March 25, 2014 at 5:16 am

    Great post! You know it’s funny, but a lot of tenants who don’t pay their rent are simply the type of people who don’t have their priorities in the correct order. So they often do still have cell phones and internet (or more commonly, a smartphone which they use to make calls as well as check email, go on facebook, etc.).

    This is an interesting thought about how to pursue evictions though. I’m wondering how many landlords will add such a provision to their lease agreements now. I sure will!

  3. March 25, 2014 at 9:40 am

    thanks for your comment, Vance!

  4. March 29, 2014 at 1:49 pm

    Interesting proposal. It seems like a good idea at first blush, but I see the potential for tenants to use this as a loophole to claim that they didn’t get the notice. With the current system, the notice is sufficient when sent by snail mail, and the tenant typically can’t claim lack of notice as a defense

  5. Ann Erickson Gault
    March 31, 2014 at 7:45 am

    I See email not as a replacement for the ordinary forms of service, but as an additional means of notification, i.e., a “belt and suspenders” approach. Some people are more likely to read an email than snail mail. Plus, there are means to verify that an email has been received and opened.

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