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.

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