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Real Estate Law Update: Governor Whitmer Signs Executive Order Extending Moratorium on Evictions to May 15th

COVID-19 Real Estate

Governor Gretchen Whitmer signed an Executive Order extending Michigan’s moratorium on evictions during the COVID-19 emergency to May 15th.  Governor Whitmer first suspended evictions on March 20 allowing tenants to remain in their homes even if they do not pay rent on time.  Many Michigan District Courts have already imposed their own separate eviction freezes throughout the state based on Governor Whitmer’s stay at home order.  Landlords can still make a demand for rent, but their demand cannot include a demand for possession, or other threat of eviction, based on the nonpayment of rent.

Separately, the federal CARES Act, the $2.2 trillion economic rescue package, halts evictions for properties with federally backed mortgages for 120 days.  On April 16th the Michigan Supreme Court issued a new administrative order that requires landlords to file a verification form along with any eviction complaint for nonpayment of rent filed before July 25, 2020. The verification form must say whether the tenant’s home is exempt from the eviction protection created by the CARES Act.

Michigan’s Stay at Home Order remains in place until May 15th.  If you are dealing with any of these situations, please contact the real estate and landlord-tenant attorneys at Shinners & Cook, P.C. to assist you with resolving your issues.