Executive Order No. 2020-19

The record

Jurisdiction

Michigan (Governor; binding landlords, sheriffs and courts' process) · Michigan

Level

State

Authority

MCL 30.403(1)-(2); MCL 10.31(1)

Issued

2020-03-20 Mar. 20, 2020

Effective

2020-03-20 (4:09 p.m.; filed with the Secretary of State March 23, 2020) (read as 2020-03-20)

End

April 17, 2020 at 11:59 p.m. by its terms; court procedures thereafter under Michigan Supreme Court AO 2020-17 (MI-034) (read as 2020-09-30)

In force

Mar. 20, 2020 to Sept. 30, 2020

Quarters

2020 Q22020 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Courts and public officesOther

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)

Functions reached

• 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

Collection

State utilities, housing and agriculture agencies AGY-ST-UTILITIES-HOUSING-AG

Operative words

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

Notes