There is a temporary halt in residential evictions to prevent the further spread of COVID-19. | Canva
There is a temporary halt in residential evictions to prevent the further spread of COVID-19. | Canva
After the U.S. Centers for Disease Control and Prevention (CDC) issued a moratorium on evictions through Dec. 31, the Michigan Supreme Court amended its administrative order dealing with situations where eviction has been sought over nonpayment of rent.
The amended order provides guidance to the lower courts regarding what to do with cases such as those involving tenants with overdue rent. While courts can enter judgments ordering the payment of overdue rent, they will be unable to issue evictions.
In the Court’s guidance, it is anticipated that Michigan will face an estimated backlog of 75,000 landlord and tenant cases.
Courts are required to hold pretrial hearings and advise defendants of assistance programs, such as those available through the Michigan Department of Health and Human Services (MDHHS), the local Coordinated Entry Agency (CEA) or the federal Help for Homeless Veterans program, as well as their right to counsel. Once the hearing is concluded, courts are then expected to adjourn the case for at least a week to provide time for defendants to seek such assistance.