(4) The opening of a probate estate by a public administrator under subsection (3) is at the sole discretion and must be at the sole expense of the public administrator.
(5) An owner's actions do not unlawfully interfere with an occupant's possession of premises if the occupant took possession by means of a forcible entry, holds possession by force, or came into possession by trespass without color of title or other possessory interest.
(6) A person who has lost possession or whose possessory interest has been unlawfully interfered with may, if that person does not peacefully regain possession, bring an action for possession under section 5714(1)(f) or bring a claim for injunctive relief in the appropriate circuit court. A claim for damages under this section may be joined with the claims for possession and for injunctive relief or may be brought in a separate action.
(7) The provisions of this section may not be waived.
(8) An action to regain possession of the premises under this section must be commenced within 90 days after the time the cause of action arises or becomes known to the plaintiff. An action for damages under this section must be commenced within 1 year after the time the cause of action arises.
(9) As used in this section, "owner" means the owner, lessor, or licensor or an agent of the owner, lessor, or licensor.
History: 1961, Act 236, Eff. Jan. 1, 1963
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Am. 1976, Act 300, Eff. Mar. 1, 1977
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Am. 2013, Act 127, Imd. Eff. Oct. 9, 2013
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Am. 2014, Act 223, Eff. Sept. 24, 2014
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