Executive order extends protections against eviction
Caleb Casey | Managing Editor
Michigan Governor Gretchen Whitmer extended previous protections against eviction through the end of the month with a new executive order announced on Thursday, June 11.
Executive Order 2020-118 – “temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home” – replaces Executive Order 2020-85, which expired on June 11.
“The current states of emergency and disaster would be exacerbated by the additional threats to the public health related to removing or excluding people from their residences during the COVID-19 pandemic. To reduce the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Michiganders, it is reasonable and necessary to provide temporary relief from certain eviction-related requirements and to temporarily prohibit the removal or exclusion of a tenant or mobile home owner from their residential premises, except in extreme circumstances,” according to Executive Order 2020-118. “This section is effective immediately and continues until June 30, 2020 at 11:59 p.m.”
Executive Order 2020-85 replaced Executive Order 2020-54, which offered the protections against eviction through May 15. Executive Order 2020-54 was an extension and an expansion of Executive Order 2020-19, which expired on April 17.
“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,” according to Executive Order 2020-118.
The new order, like its predecessors, provides temporary protection against eviction; however, it does not relieve tenants of their responsibility to make rent payments.
“Nothing in this order shall be construed to abrogate the obligation to pay or right to receive payment due under a lease or executory contract, nor to prohibit a landlord or vendor from making a demand for payment. Any demand for rent or executory contract payment, however, must not include a demand for possession or notice of forfeiture of executory contract, or other threat of eviction or forfeiture, based on the nonpayment of rent or executory contract obligation. Effective immediately and continuing until June 30, 2020 at 11:59 p.m., any service of a demand for payment may not be made by personal delivery,” according to Executive Order 2020-118.