Eviction for Controlled Substance Violation

Attorneys do well to advise their criminal defendant clients that their controlled substance violation could get them evicted. If the client is renting property under a lease containing a provision that they can be evicted for a controlled substance violation on the property, and the landlord files a police report regarding the violation, the landlord can then evict the tenant with only 24 hours notice. According to MCL 600.5714(1)(b), (1) A person entitled to premises may recover possession of the premises by summary proceedings in the following circumstances:

(b) When a person holds over premises for 24 hours following service of a written demand for possession for termination of the lease pursuant to a clause in the lease providing for termination because a tenant, a member of the tenant’s household, or other person under the tenant’s control has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. This subdivision applies only if a formal police report has been filed by the landlord alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subdivision, “controlled substance” means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211 to 333.7216.

This statute provides for accelerated eviction procedures with only 24 hours notice! The statute does provide that the LANDLORD must file the police report. I have never seen this law in play, but it stands to reason that if the police report is filed by another complainant such as a neighbor or a police officer, the court would uphold the summary possession. Furthermore, though it is probably too late to help the client who is at the stage of needing an attorney in defense of such crime, but perhaps, if there is a successful defense and the client has not been evicted, he can be prepared to utilize the defense if and when the landlord learns of the police report.

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