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Governor Whitmer Extends Eviction Moratorium Until End of June

Unexpectedly, Governor Whitmer extended the eviction moratorium until June 30, 2020.

The newest order extends EO 2020-85, which was previously set to expire at midnight on June 11. The new order prohibits the same activities that were prohibited in EO 2020-85, and extends the deadline for the order from midnight on June 11, 2020 to midnight on June 30, 2020. Most applicable to landlords are the following actions which are prohibited until July 1, 2020:

  1. Landlords may not make a demand for payment that also includes a demand for possession;
  2. Landlords may not allow late charges or other fees to accrue for unpaid rent (CARES Act only, see more on this below);
  3. Landlords may not enter, or cause entry by a court officer, sheriff, or other party, the rental premises to remove a tenant for non-payment;
  4. Landlords may not file or serve new eviction matters based on non-payment; and
  5. Any “payment only” demands must be mailed and not personally served or tacked to a door.

Actions related to evicting tenants cannot be taken until July 1, 2020, except for the mailing of the Modified Demand for Payment that the RPOA has provided free and may be found here. Landlords may continue to use the Modified Demand for Payment form to make payment demands only.

Please also be advised that the eviction moratorium for CARES “covered properties” is still set to lift on July 25, 2020. Only CARES “non-covered” properties will be able to take action on July 1. Properties under the CARES Act include Section 8 voucher program participants.

Landlords may still evict for damages to the rental property. If a landlord feels they have a situation that meets that threshold, they are advised to contact an attorney to pursue the case.

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