On October 22, 2020, the Michigan Supreme Court issued Administrative Order 2020-17 addressing the status of eviction cases. As of September 4, 2020, the Center for Disease Control (CDC) issued an Order temporarily halting residential evictions nationwide to prevent the further spread of COVID-19. The order provides that an owner of a residential property, with a legal right to pursue eviction, shall not evict any covered resident from any residential property. To be considered a covered resident under this order, the resident must provide the following in a sworn statement to the property owner:
Pursuant to the Supreme Court’s Order, the landlord filing an eviction must also file this verification form indicating whether the resident submitted a declaration, or whether the case may proceed because it is not subject to the CDC Order’s moratorium. The landlord has a continuing obligation to update the court if a declaration has been submitted by the defendant.
Cases that are subject to the moratorium under the CDC Order, may still proceed to judgment, but the resident will not be evicted immediately. A resident will be entitled to pay or move by December 31, 2020, or later. Additionally, the rule prohibiting a setout to occur more than 56 days after the judgment enters unless a hearing is held, is suspended for cases subject to this CDC moratorium. The 56-day rule will be reinstated after January 1, 2021.
For more comprehensive information and insights, watch our Residential Evictions: Procedures and Post-Judgment webinar.
This blog is not a solicitation for business and it is not intended to constitute legal advice on specific matters, create an attorney-client relationship or be legally binding in any way.
