{"id":"AGY-ST-UTILITIES-HOUSING-AG-051","kind":"order","level":"state","jurisdiction":"Michigan (Governor; binding landlords, sheriffs and courts\u0027 process)","state":"MI","metro":"","industry":"","agency":"ST-UTILITIES-HOUSING-AG","eco":"","issuer":"Governor Gretchen Whitmer","authority":"MCL 30.403(1)-(2); MCL 10.31(1)","instrument":"Executive Order No. 2020-19","title":"Temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home","dateIssued":"2020-03-20","effective":"2020-03-20 (4:09 p.m.; filed with the Secretary of State March 23, 2020)","end":"April 17, 2020 at 11:59 p.m. by its terms; court procedures thereafter under Michigan Supreme Court AO 2020-17 (MI-034)","startDate":"2020-03-20","endDate":"2020-09-30","quarters":["2020Q2","2020Q3"],"types":["CRT","OTHER"],"addressees":["every person (landlords, property managers, vendors under executory contracts, mobile home park owners)","sheriffs, under-sheriffs, constables, deputies and other officers","courts (statutory limits on adjournment and tolling suspended)"],"clause":"1. Due to the protection that a residential home provides from the COVID-19 pandemic, and the need to contain self-quarantined and self-isolated individuals within a residential home, no person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order should be broadly construed to effectuate that purpose. This section is effective immediately and continues until April 17, 2020 at 11:59 pm.... 3.... Effective immediately and continuing until April 17, 2020 at 11:59 pm, demand for payment may not be served by personal delivery. 4.... no person may enter residential property in order to remove or exclude from the premises a tenant... including pursuant to a writ authorizing restoration of a plaintiff to full, peaceful possession of premises under section 5744 of the RJA, MCL 600.5744... 5.... a sheriff, under-sheriff or constable, deputy, or other officer must not serve process requiring forfeiture of leased residential premises or residential premises held under a forfeited executory contract.... 7. Until thirty (30) days after the restrictions on eviction provided by sections 1 through 6 expire, any statutory limits on the court of this state to adjourn any proceedings, toll any redemption periods or limitations periods, or extend any deadlines are suspended.... 9. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.","enforcement":"MCL 10.33 and MCL 30.405(3): willful violation a misdemeanor","functions":["PM property management (removals, exclusions and personal service of rent demands prohibited)","CL landlord-tenant process (sheriffs barred from serving forfeiture process; writs of restitution unenforceable)","CT courts (adjournment and tolling limits suspended)","CB rent collection"],"notes":"Adds the Michigan gubernatorial eviction instrument, which the Michigan State file does not carry (it carries the Supreme Court\u0027s AO 2020-17 and AO 2020-19). The order preserves the obligation to pay rent (para. 3).","sourceUrl":"https://www.legislature.mi.gov/documents/2019-2020/executiveorder/pdf/2020-EO-19.pdf","snapshot":"","fileExists":true,"fileBytes":190639,"grade":"primary","character":"","description":"","collection":"AGY-ST-UTILITIES-HOUSING-AG","url":"/library/AGY-ST-UTILITIES-HOUSING-AG-051","exhibitUrl":"/exhibit/AGY-ST-UTILITIES-HOUSING-AG-051","citation":"Governor Gretchen Whitmer, Executive Order No. 2020-19 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-051)","stateName":"Michigan","related":["MI-034","SEC-13-095","AGY-ST-UTILITIES-HOUSING-AG-033","AGY-ST-UTILITIES-HOUSING-AG-013","AGY-ST-UTILITIES-HOUSING-AG-034"]}