Michigan Supreme Court Establishes Eviction Case Protocols – Eviction Moratorium Update

By: Shane F. Diehl, Esq.

On June 11, 2020, Governor Whitmer signed Executive Order 2020-118, further extending the moratorium on evictions in Michigan until June 30, 2020 at 11:59 p.m. We anticipate this will be the last extension, as there is significant pressure to restore legal activities, including evictions, in the court system. We will continue to provide updates on this blog.

In anticipation of the resumption of eviction proceedings, the State of Michigan Supreme Court recently issued Administrative Order 2020-17 to establish statewide eviction protocols for trial courts in order to protect the health of all participants, dispose of the backlog of cases, and assure that defendants are made aware of their legal rights. Two important parts of these procedures are:

  1. Each case will be scheduled for a hearing on a specific date and time. Multiple cases will no longer be scheduled for hearings at the same time.
  2. Cases will be scheduled for hearings in the following order of priority:
    1. First, cases alleging illegal activities or extreme physical damages to the premises;
    2. Second, cases alleging nonpayment of rent for 120 days or more; and
    3. Last, cases with lesser arrearages.

Depending on the type of eviction case, parties should be prepared for some delay in the scheduling of their case for hearing.

The new landlord-tenant court system procedures also include eviction cases being set for either remote or in-court hearings. Further, tenants will be advised of their statutory right to legal counsel at the first hearing. It is important that you check back with our law firm periodically to see if there are any other changes which may affect your eviction case hearing.

You should also be aware that the FHA has extended the moratorium on foreclosures and evictions for all FHA-backed mortgages until August 31, 2020.

If you have any questions on how the Governor’s Executive Order 2020-118 or the Supreme Court’s Administrative Order 2020-17 affects your landlord-tenant relationship or case, please do not hesitate to contact our law firm at your earliest convenience. Our experienced attorneys are available to assist you through this process during these unique times.

Attorney Shane DiehlShane F. Diehl is a senior associate attorney with the Firm and has been with the Firm since 2008. He has over 26 years of experience in representing condominium, subdivision and co-operative associations in Southeast Michigan and has represented hundreds of such associations in addressing all aspects of community association representation. In addition, Mr. Diehl has 10 years of experience in the banking industry and is a former instructor for the American Institute of Banking. He also has extensive experience in estate planning, and has served as an officer, trustee and member of numerous non-profit and civic organizations, including the Four County Community Foundation and the Armada Village Planning Commission. Mr. Diehl resides in Armada, Michigan and works from our Macomb County office in Mt. Clemens.

Mr. Diehl holds an Associate in Arts Degree from Ferris State University and a Bachelor of Business Administration from the University of Toledo, Ohio. He earned his Juris Doctor Degree from the University of Toledo College of Law in 1989. He is licensed to practice in the State of Michigan since 1990, and is admitted to practice in the United States District Court for the Eastern District of Michigan.

 

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