October 21, 2021

Volume XI, Number 294

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New Michigan Law Allows Landlords to Remove Property of Deceased Tenants Without Judicial Action

On October 9, 2013, Michigan Gov. Rick Snyder signed into law HB 4613. This law should make it easier for landlords to remove the property of deceased tenants without judicial action or going through the Probate Court. 

The new law allows landlords to take possession of their property after a tenant dies and remove all personal property. To do so, several conditions must be met, including:

  • a good faith belief that the tenant has been dead for at least 18 days;

  • a probate estate has not been opened; current rent has not been paid;

  • the landlord has attempted to contact the authorized representative of the deceased tenant;

  • the landlord has given the County Public Administrator notice;

  • the landlord has attempted to contact the authorized representative of the deceased tenant; and

  • the landlord has posted a notice on the door at least 10 days prior to entry that the landlord intends to retake possession of the premises.

In order for the landlord to take advantage of the new law, the landlord must have informed the tenant in writing of the tenant's option to provide contact information for an authorized person the landlord could contact in the event of the tenant's death. 

If all of the requirements are met, it is possible the landlord will be able to recover possession of the leased property 28 days after the tenant dies. 

© 2021 Varnum LLPNational Law Review, Volume III, Number 283
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About this Author

Randall J. Groendyk, Varnum law firm Creditor's Rights Attorney, Civil Litigation Lawyer
Counsel

Randy focuses his practice on creditor's rights law, including collections, bankruptcy, landlord-tenant, claim and delivery, foreclosure, and commercial and general civil litigation. His specialties also include Fair Debt Collection Practices Act and Fair Credit Reporting Act defense and compliance review.

Honors & Recognitions

Martindale-Hubbell® Distinguished™ Peer Review Rated

Professional Affiliations

ACA International

Commercial Law League of America

Grand Rapids Bar Association

Michigan Association of Collection...

616/336-6573
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