LEGAL UPDATE: Michigan House Bill No. 4038 Would Allow Eviction Notices By E-mail, Facebook or Other Social Media

On March 18, 2015, the Michigan House of Representatives passed House Bill No. 4038 (the “Bill”), which allows landlords to e-mail eviction notices to tenants or to notify tenants via social media such as Facebook, Twitter, etc.

At present, MCL 600.5718 permits service of a “demand for possession” [a/k/a an eviction notice] by personally delivering the written demand to the residence or by first-class mail.  The Bill modifies MCL 600.5718 to allow electronic eviction notices if the tenant consents.  If the Bill becomes law, landlords in Michigan will add lease provisions to include such electronic notifications.  Importantly, the Bill prohibits a landlord from refusing to enter into a lease because a prospective tenant declines to consent to an electronic eviction notice.

If approved by the Michigan Senate and signed by Governor Snyder, the Bill would take effect 90 days after enactment.

Update: On May 21, 2015, Governor Snyder signed the Bill into law.  The law becomes effective on August 19, 2015.

Joe Wloszek is a Member of Hirzel Law, PLC where he focuses his practice on condominium and homeowner’s association law, commercial litigation, commercial real estate, large contractual disputes, and related real estate matters. Mr. Wloszek has been a Super Lawyers Rising Star in Real Estate Law from 2013-2018, an award given to only 2.5% of the attorneys in Michigan each year.  He was also named a Top Lawyer in commercial law by DBusiness Magazine in 2014, a Michigan Top Lawyer in real estate law by Michigan Top Lawyers in 2016 and the Pro Bono Volunteer Attorney of the Year in 2014 by Michigan Community Resources.  He is a Certified Real Estate Continuing Education Instructor through the State of Michigan and the past Chair of the Oakland County Bar Association Real Estate Committee.  He can be reached at (248) 478-1800 or jwloszek@hirzellaw.com.