Bill
HB 4991
The bill widens tenant protections by prohibiting unlawful interference with possession, increasing damages (tripled or daily mins), and adding fines funded to the housing fund.
Title: Civil procedure: evictions; award for unlawful eviction; modify. (Amends MCL 600.2918)
Tie-bar: HB 4985 (’25). Companion: SB 1295.
Status / Procedural history (selected)
- Introduced: March 13, 2025.
- House action: Passed the House (read and recorded votes mid‑May 2025). Received from House May 19, 2025.
- Most recent electronic reproduction: September 18, 2025; referred to Committee on Regulatory Reform.
Purpose
- To amend Michigan’s unlawful eviction statute (MCL 600.2918) to modify the monetary remedies and clarify what constitutes unlawful interference with a tenant’s possessory interest, to add procedures related to deceased tenants, and to provide for exemplary damages and a possible civil fine payable into the state housing fund.
Key provisions and changes
- Damages available: A person unlawfully ejected or whose possessory interest is unlawfully interfered with may recover either three times actual damages or statutory minimums — specifically the bill lists $200.00, $2,000.00, or $200.00 per day for ongoing conduct — whichever is greater. (Text presents these amounts as alternatives to triple damages.)
- Expanded list of unlawful interference (tenant remedies): specifically includes
- use or threat of force;
- removal/retention/destruction of personal property;
- changing locks without immediately providing access;
- boarding that prevents entry;
- removal of doors/windows/locks;
- causing termination/interruption of essential services (heat, water, hot water, electric, gas) that would constitute constructive eviction;
- introduction of noise/odor/nuisance;
- violating section 5714(1) (related to forcible removal procedures).
- Exceptions: Owner actions are not unlawful when they are (a) pursuant to court order; (b) temporary and necessary for repairs/inspections as allowed by law; (c) taken in good faith when the owner (or court officer/sheriff) reasonably believes the tenant abandoned the premises and rent is unpaid; or (d) taken under a defined procedure when the owner reasonably believes the tenant is deceased (detailed notice, attempts to contact an authorized person, notice to the county public administrator, and waiting periods).
- Deceased-tenant procedure: Owner must have previously offered tenant the option to provide an authorized contact, must make reasonable attempts to contact that person, place notice on the door at least 10 days before reentry, and notify the county (or state) public administrator. The statute says opening a probate estate by the public administrator is discretionary and at that public administrator’s expense.
- Remedies and process: Affected persons may bring an action for possession (referencing section 5714) or injunctive relief; damages claims may be joined or brought separately.
- Exemplary damages and civil fine: A judge or jury may award exemplary damages for specified aggravating conduct (e.g., violation of court order, persistence >24 hours, repeated pattern). If conduct is found egregious, an additional civil fine equal to 10% of exemplary damages may be imposed; that fine is deposited into the Michigan housing and community development fund.
- Non-waivable: The protections in the section may not be waived by the parties.
- Time limits: Actions to regain possession must be commenced within 90 days of the cause arising or becoming known; actions for damages must be commenced within 1 year (text truncated but includes these time limits).
Who is affected
- Tenants and occupants (increased remedies and clearer definitions of prohibited landlord conduct).
- Landlords and property owners (greater potential liability, procedural obligations when tenant abandonment or death is suspected, and risks of exemplary damages/fines).
- Courts, sheriffs, and county public administrators (roles in notice, access, and probate coordination).
- Housing fund (may receive civil fines assessed under the bill).
Potential impacts / considerations
- Increases potential monetary exposure for landlords and increases tenant remedies following unlawful evictions or interference.
- Adds procedural requirements and notice obligations before reentry when a tenant is believed deceased, potentially reducing summary reentry but increasing administrative tasks.
- Could lead to more litigation over statutory damages, ongoing‑conduct daily penalties, and exemplary damages.
- Directs some fines to a state housing fund, creating a funding pathway tied to enforcement.
Note: The bill text provided was truncated near the end; the summary includes the express time limits shown (90 days for possession actions; 1 year for damages) and other provisions as presented.
Compiled from official sources — confirm details with the bill’s official record.
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