MCR 4.201(I)(1) states:
“Interim Orders. On motion of either party, or by stipulation, for good cause, a court may issue such interim orders as are necessary, including, but not limited to the following:
(1) Injunctions. The interim order may award injunctive relief
(a) to prevent the person in possession from damaging the property; or
(b) to prevent the person seeking possession from rendering the premises untenantable or from suffering the premises to remain untenantable.”
The procedure governing the application for, and the issuance of, injunctions is found in MCR 3.310.
A court may enter an order that requires the tenant to deposit prospective rent amounts into escrow when the landlord shows a clear need for protection of his or her interests and trial has been adjourned for more than 14 days. MCR 4.201(I)(2)(a). The court may adjust the amount of a tenant’s escrow payments based on evidence of the condition of the premises. Id.
MCR 4.201(I)(2) states:
“Interim Orders. On motion of either party, or by stipulation, for good cause, a court may issue such interim orders as are necessary, including, but not limited to the following:
* * *
(2) Escrow Orders.
(a) If trial is adjourned more than 14 days and the plaintiff shows a clear need for protection, the court may order the defendant to pay a reasonable rent for the premises from the date the escrow order is entered, including a pro rata amount per day between the date of the order and the next date rent ordinarily would be due. In determining a reasonable rent, the court should consider evidence offered concerning the condition of the premises or other relevant factors. The order must provide that:
(i) payments be made to the court clerk within 7 days of the date of entry of the order, and thereafter within 7 days of the date or dates each month when rent would ordinarily be due, until the right to possession is determined;
(ii) the plaintiff must not interfere with the obligation of the defendant to comply with the escrow order; and
(iii) if the defendant does not comply with the order, the defendant waives the right to a jury trial only as to the possession issue, and the plaintiff is entitled to an immediate trial within 14 days which may be by jury if a party requests it and if, in the court’s discretion, the court’s schedule permits it. The 14-day limit need not be rigidly adhered to if the plaintiff is responsible for a delay.
(b) Only the court may order the disbursement of money collected under an escrow order. The court must consider the defendant’s defenses. If trial was postponed to permit the premises to be repaired, the court may condition disbursement by requiring that the repairs be completed by a certain time. Otherwise, the court may condition disbursement as justice requires.”
“To have demonstrated a clear need [for an escrow order], [the] plaintiff must have necessarily brought the rent dispute before the district court. [The plaintiff] could not have shown a right to be protected unless he [or she] was asserting a claim of right to the rent, and he [or she] could not have shown a need for protection unless the defendants contested their duty to pay the rent demanded.” Woods v Hall, 203 Mich App 222, 224 (1994).
A defendant is entitled to have a jury decide the issue of a rent dispute, and disbursement must not occur until any rent dispute has been settled. Woods, 203 Mich App at 225, 226. The court alone is authorized to disburse funds collected in escrow. MCR 4.201(I)(2)(b).
“In cases filed pursuant to MCL 600.5714(1)(a) for nonpayment of rent due under a residential lease or agreement, the court must stay further proceedings after advising the defendant of the rights and information listed in [MCR 4.201(K)(2)(a)] and adjourning the trial under [MCR 4.201(K)]. The court must not proceed to judgment if the defendant has applied for rental assistance from the Michigan Department of Health and Human Services, local Coordinated Entry Agency, Housing Assessment and Resource Agency or federal Help for Homeless Veterans program and provides written proof to the court that the application has been submitted for processing not later than five days after the defendant is verbally informed as provided in [MCR 4.201(K)(2)(a) or MCR 4.201(K)(2)(b)].” MCR 4.201(I)(3)(a).
“The initial stay is lifted after 14 days unless the defendant demonstrates to the court that the application is still pending or has been approved and rental assistance will be received. The total stay period under [MCR 4.201(I)(3)] must not exceed 28 days and is automatically lifted 28 days from the date that the initial stay of the proceedings began.” MCR 4.201(I)(3)(b).