IT’S TIME TO WORK OUT PAST DUE RENT ARRANGEMENTS – EVICTION MORATORIUM UPDATE

By: Shane F. Diehl, Esq.

As Governor Whitmer slowly reopens the State, now is the time for landlords and tenants to work out final arrangements on past due rent payments and cooperative occupancy charges. As we have indicated in previous articles, there has been a moratorium on evictions and actions to displace tenants during the COVID-19 state of emergency. Executive Order 2020-85, the Governor’s most recent moratorium, is set to expire at midnight on June 12, 2020. While it is possible that the moratorium will be extended, it is our opinion that an extension will not be given.

The Michigan Supreme Court has recently authorized the trial courts in Michigan to submit their plans to reopen. Once the courts have an approved and established plan in place for reopening, we expect that the District Courts will again start accepting landlord-tenant eviction complaints. Barring any extension of the previously mentioned moratorium, we expect the District Courts will have a solid backlog of cases that they will move through the system as quickly as possible. Therefore, it is recommended that tenants who have not made arrangements to pay their past due rent should do so immediately. Landlords should expect to hear from those tenants shortly or prepare to file their eviction actions.

Please keep in mind that the expiration of the moratorium and the reopening of the courts does not at this time have any effect on the federal moratorium on evictions under federally backed mortgage loan properties or federally supported low-income housing, which continues until it expires under the terms of the CARES Act (July 26, 2020). Also, remember that any intentional action to evict a tenant prior to the expiration of the state’s moratorium will be considered a misdemeanor. It is important that you check back with our law firm periodically to see if the moratorium has been further extended.

If you have any questions regarding how the Governor’s Executive Order 2020-85 affects your landlord-tenant relationship, 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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