Michigan Compiled Laws 236-1961-57 Chapter 57 Summary Proceedings To Recover Possession Of Premises (600.5701...600.5759)
- Section 600.5701 Definitions.
As used in this chapter: (a) “Summary proceedings” means a civil action to recover possession of premises and to obtain certain ancillary relief as...
- Section 600.5704 Jurisdiction.
The district court, municipal courts and the common pleas court of Detroit have jurisdiction over summary proceedings to recover possession of premises under this...
- Section 600.5706 Venue.
(1) This section governs venue in all courts having jurisdiction over summary proceedings and is not jurisdictional. (2) In districts where the district court...
- Section 600.5708 Rules.
Except as otherwise provided in this chapter, the procedure in summary proceedings shall be regulated by rules adopted by the supreme court and by...
- Section 600.5711 Entry.
(1) A person shall not make any entry into or upon premises unless the entry is permitted by law. (2) Subject to subsection (3),...
- Section 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.
(1) A person entitled to possession of premises may recover possession by summary proceedings in the following circumstances: (a) When a person holds over...
- Section 600.5716 Demand For Possession Or Payment; Form And Contents.
A demand for possession or payment shall be in writing, addressed to the person in possession and shall give the address or other brief...
- Section 600.5718 Demand For Possession Or Payment; Service; Definitions.
(1) The demand provided for in section 5716 may be served by any of the following means: (a) Personal delivery to the person in...
- Section 600.5720 Judgment For Possession Of Premises For Alleged Termination Of Tenancy; Grounds For Not Entering; Retaliatory Termination Of Tenancy; Presumptions; Burden.
(1) A judgment for possession of the premises for an alleged termination of tenancy shall not be entered against a defendant if 1 or...
- Section 600.5726 Recovery Of Possession Following Forfeiture Of Executory Contract For Purchase Of Premises; Accelerated Indebtedness.
A person entitled to any premises may recover possession thereof by a proceeding under this chapter after forfeiture of an executory contract for the...
- Section 600.5728 Prerequisites To Recovery Of Possession Under Mcl 600.5726; Contents Of Notice Of Forfeiture.
(1) Possession may be recovered under section 5726 only after the vendee or person holding possession under him has been served with a written...
- Section 600.5730 Service Of Notice Of Forfeiture.
The notice of forfeiture provided for in section 5728 may be served by delivering it personally to the vendee or person holding possession under...
- Section 600.5732 Powers Of Court Having Jurisdiction Over Summary Proceedings.
Pursuant to applicable court rules, a court having jurisdiction over summary proceedings may provide for pleadings and motions, issue process and subpoenas, compel the...
- Section 600.5735 Summons; Hearing.
(1) The court in which a summary proceeding is commenced shall issue a summons, which may be served on the defendant by any officer...
- Section 600.5738 Jury Trial.
Any party to summary proceedings may demand a trial by jury within the time and manner provided by court rule. Procedures for selecting, impaneling...
- Section 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.
(1) Except as provided by court rules, a party to summary proceedings may join claims and counterclaims for money judgment for damages attributable to...
- Section 600.5741 Entry And Enforcement Of Judgment For Possession; Determination Of Amount Due; Award Of Costs.
If the jury or the judge finds that the plaintiff is entitled to possession of the premises, or any part thereof, judgment may be...
- Section 600.5744 Issuance Of Writ Of Restitution; Conditions; Foreclosure Of Equitable Right Of Redemption.
(1) Subject to the time restrictions of this section, the court entering a judgment for possession in a summary proceeding shall issue a writ...
- Section 600.5747 Judgment For Defendant For Costs.
If the plaintiff fails to prosecute his complaint, or if upon trial or motion the plaintiff is found not entitled to possession of the...
- Section 600.5750 Summary Proceedings Not Exclusive Of Other Remedies; Merging Or Barring Of Claims; Damages.
The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory. A judgment for...
- Section 600.5753 Appeal.
Any party aggrieved by the determination or judgment of the court under this chapter may appeal to the circuit court of the same county....
- Section 600.5756 Filing Fees; Disposition.
(1) If the complaint is for the recovery of possession of premises only, the fee for filing a proceeding under this chapter is $45.00....
- Section 600.5757 Fee For Certain Writs And For Judgment Debtor Discovery Subpoena.
A fee of $15.00 shall be charged for each writ of restitution, garnishment, attachment, or execution and for each judgment debtor discovery subpoena issued....
- Section 600.5759 Costs.
(1) In proceedings under this chapter, costs may be allowed in the same amounts as are provided by law in other civil actions in...
Last modified: October 10, 2016