600.5701 Definitions. Sec. 5701. As used in this chapter: (a) “Summary proceedings” means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by this chapter and by court rules adopted in connection therewith. (b) “Premises” includes lands, tenements, condominium property, cooperative apartments, air rights and all manner of […]
600.5704 Jurisdiction. Sec. 5704. The district court, municipal courts and the common pleas court of Detroit have jurisdiction over summary proceedings to recover possession of premises under this chapter. History: Add. 1972, Act 120, Eff. July 1, 1972
600.5706 Venue. Sec. 5706. (1) This section governs venue in all courts having jurisdiction over summary proceedings and is not jurisdictional. (2) In districts where the district court is operative, the following are the proper places in which to commence and try summary proceedings: (a) The county in which the premises or any part of […]
600.5708 Rules. Sec. 5708. Except as otherwise provided in this chapter, the procedure in summary proceedings shall be regulated by rules adopted by the supreme court and by local court rules not inconsistent therewith. History: Add. 1972, Act 120, Eff. July 1, 1972
600.5711 Entry. Sec. 5711. (1) A person shall not make any entry into or upon premises unless the entry is permitted by law. (2) Subject to subsection (3), if entry is permitted by law, the person shall not enter with force but only in a peaceable manner. (3) If the occupant took possession of the […]
600.5714 Summary proceedings to recover possession of premises; holding over by tenant or occupant of public housing or by tenant of mobile home park. Sec. 5714. (1) A person entitled to possession of premises may recover possession by summary proceedings in the following circumstances: (a) When a person holds over premises after failing or refusing […]
600.5716 Demand for possession or payment; form and contents. Sec. 5716. A demand for possession or payment shall be in writing, addressed to the person in possession and shall give the address or other brief description of the premises. The reasons for the demand and the time to take remedial action shall be clearly stated. […]
600.5718 Demand for possession or payment; service; definitions. Sec. 5718. (1) The demand provided for in section 5716 may be served by any of the following means: (a) Personal delivery to the person in possession. (b) Personal delivery on the premises to a member of the family or household or an employee of the person […]
600.5720 Judgment for possession of premises for alleged termination of tenancy; grounds for not entering; retaliatory termination of tenancy; presumptions; burden. Sec. 5720. (1) A judgment for possession of the premises for an alleged termination of tenancy shall not be entered against a defendant if 1 or more of the following is established: (a) That […]
600.5726 Recovery of possession following forfeiture of executory contract for purchase of premises; accelerated indebtedness. Sec. 5726. A person entitled to any premises may recover possession thereof by a proceeding under this chapter after forfeiture of an executory contract for the purchase of the premises but only if the terms of the contract expressly provide […]
600.5728 Prerequisites to recovery of possession under MCL 600.5726; contents of notice of forfeiture. Sec. 5728. (1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written notice of forfeiture and has failed in the required time to pay moneys required to […]
600.5730 Service of notice of forfeiture. Sec. 5730. The notice of forfeiture provided for in section 5728 may be served by delivering it personally to the vendee or person holding possession under him or by delivering it on the premises to a member of his family or household or an employee, of suitable age and […]
600.5732 Powers of court having jurisdiction over summary proceedings. Sec. 5732. Pursuant to applicable court rules, a court having jurisdiction over summary proceedings may provide for pleadings and motions, issue process and subpoenas, compel the attendance and testimony of witnesses, enter and set aside defaults and default judgments, allow amendments to pleadings, process, motions and […]
600.5735 Summons; hearing. Sec. 5735. (1) The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer or person authorized to serve process of the court. The summons shall command the defendant to appear for trial in accordance with the provisions of subsection […]
600.5738 Jury trial. Sec. 5738. Any party to summary proceedings may demand a trial by jury within the time and manner provided by court rule. Procedures for selecting, impaneling and otherwise governing jurors in such proceedings shall be the same as for a trial by jury in other civil actions in the same court. History: […]
600.5739 Joinder of claims and counterclaims for money judgment; separate disposition of claim for possession; damages for labor expended by either landlord or tenant. Sec. 5739. (1) Except as provided by court rules, a party to summary proceedings may join claims and counterclaims for money judgment for damages attributable to wrongful entry, detainer, or possession, […]
600.5741 Entry and enforcement of judgment for possession; determination of amount due; award of costs. Sec. 5741. If the jury or the judge finds that the plaintiff is entitled to possession of the premises, or any part thereof, judgment may be entered in accordance with the finding and may be enforced by a writ of […]
600.5744 Issuance of writ of restitution; conditions; foreclosure of equitable right of redemption. Sec. 5744. (1) Subject to the time restrictions of this section, the court entering a judgment for possession in a summary proceeding shall issue a writ commanding a court officer appointed by or a bailiff of the issuing court, the sheriff or […]
600.5747 Judgment for defendant for costs. Sec. 5747. If the plaintiff fails to prosecute his complaint, or if upon trial or motion the plaintiff is found not entitled to possession of the premises, judgment shall be rendered for the defendant for his costs, which shall be taxed and collected in the same manner as other […]
600.5750 Summary proceedings not exclusive of other remedies; merging or barring of claims; damages. Sec. 5750. The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory. A judgment for possession under this chapter does not merge or bar any other claim for relief, except […]
