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On evictions in the time of COVID-19, Michigan Supreme Court provides new directions to courts and landlords

On Behalf of | Oct 31, 2020 | Firm News

In September, the Centers for Disease Control and Prevention (“CDC”) issued an Order which provided as follows:

[A] landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.

https://www.federalregister.gov/documents/2020/09/04/2020-19654/temporary-halt-in-residential-evictions-to-prevent-the-further-spread-of-covid-19

Under the Order, those facing potential eviction were not excused from their payment obligations, but they cannot be evicted so long as they comply with the CDC’s requirements. Each adult occupant was required to provide a declaration form to their landlord or other individual who has a right to evict them, declaring that they meet the criteria set forth by the CDC to avoid eviction.

Under the Supreme Court’s latest Order, landlords are required to file a form notifying the court whether the tenant has submitted the CDC declaration form before an eviction proceeding can commence. The Order also allows eviction cases to proceed to judgment but provides that no eviction order may issue while the CDC moratorium is in effect.

The CDC’s order and the Michigan Supreme Court’s directive are both set to expire on December 31, 2020.

If you or someone you know is facing eviction, call us to discuss how we may be able to help you navigate the eviction process, and how you may be able to obtain assistance through the Eviction Diversion Program.