Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 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.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


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, for breach of the lease or contract under which the premises were held, or for waste or malicious destruction to the premises. The court may order separate summary disposition of the claim for possession, without prejudice to any other claims or counterclaims. A claim or counterclaim for money judgment shall not exceed the amount in controversy that otherwise limits the jurisdiction of the court.

    (2) If the court awards damages for physical injury to the premises under subsection (1) by making an award for or based on the cost of repairs, the court shall award damages for labor expended by a landlord or property manager in repairing the premises in the same manner as it would if the repairs were performed by a third party. A landlord's or property manager's labor under this subsection shall be compensated at a rate the court determines to be reasonable based on usual and customary charges for the repairs.

    (3) If the court determines that the landlord breached the lease or contract under which the premises were held by failing to repair the premises and awards damages under subsection (1) by making an award for or based on the cost of repairs, the court shall award damages for labor expended by the tenant in repairing the premises in the same manner as it would if the repairs were performed by a third party. A tenant's labor under this subsection shall be compensated at a rate the court determines to be reasonable based on usual and customary charges for the repairs.

History: Add. 1972, Act 120, Eff. July 1, 1972 ;-- Am. 2006, Act 147, Eff. July 1, 2006

Compiler's Notes:

    Enacting section 1 of Act 147 of 2006 provides:

    "Enacting section 1. This amendatory act applies to an action filed after the effective date of this amendatory act."

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1977–2023 · leading case: Clohset v. No Name Corp.
Sort: Relevance Newest Treatment
Clohset v. No Name Corp. (2013) michctapp · cites it 4× “On July 3, 2013, our Supreme Court vacated this Court’s 2012 opinion and remanded for reconsideration in light of MCL 600.5739(1) and MCR 4.201(G)(2)(b). Clohset v No Name Corp, 494 Mich 874 ; 832 NW2d 387 (2013).”
J.A.M. Corp. v. AARO Disposal, Inc. (1999) mich · cites it 3× “201(G)(1)(a) and MCL 600.5739, 600.8302(3); MSA 27A.5739, 27A.”
Gruskin v. Fisher (1979) mich · cites it 2× “" MCL 600.5739; MSA 27A.5739. Therefore, in an action for summary possession a vendor may join a claim for money damages, but is precluded from claiming any amount due under the contract.”
1300 Lafayette East Cooperative, Inc v. Savoy (2009) michctapp “With regard to joinder of claims in summary eviction proceedings, MCL 600.5739(1) provides: 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,…”
In Re Chris-Kay Foods East, Inc. (1990) mieb · cites it 2× “Mich. Comp.Laws § 600.5739. Michigan law also requires that if the trial of the counterclaim is necessary in order to determine the amount the tenant would have to pay to avoid eviction, “the counterclaim must be tried at the same time as the claim for possession .”
Ames v. Maxson (1987) michctapp · cites it 2× “Copies of the district court documents and the land contract documents were attached to these motions. The only affidavits attached to the motions were those of defendants’ attorney.”
Adamski v. Cole (1992) michctapp · cites it 2× “See MCL 600.5739; MSA 27A.5739. On August 14, 1989, a judgment of land contract forfeiture was entered in the district court pursuant to consent of the parties.”
Gary v. Hixon v. Westwick Square Cooperative (2021) michctapp · cites it 2× “MCL 600.5739(1) recognizes that in cases involving a dispute over possession of premises, there may also be related monetary claims such as a claim for unpaid rent: Except as provided by court rules, a party to summary proceedings may join claims and counterclaims for money…”
Cedar Springs Mobile Estates v. Angela Smith (2019) michctapp “” MCL 600.5739 permits a landlord to join claims in a summary proceeding, including those for money damages and breach of contract.”
Debra Nash v. David Kerti (2023) michctapp “5735(2)(b), and the summons was served more than three days before the trial date as required by the same statutory provision. Thus, plaintiff and the district court complied with the statute and court rule governing notice in summary proceedings for violation of a lease.”
Phillip M Clohset v. No Name Corporation (2013) mich “302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of MCL 600.5739(1) and MCR 4.201(G)(2)(b). The motion to append an additional exhibit or for peremptory…”
Kevin Rankin v. City of Highland Park (2015) michctapp “VIOLATION OF MCL 600.2819 Plaintiff also alleged in his complaint that defendants did not include him in the eviction proceedings and thus unlawfully interfered with his possessory interests in the property in violation of MCL 600.”
Show all 14 citing cases →
— Mich. Comp. Laws § 600.5739(1) — 7 cases
Clohset v. No Name Corp. (2013) michctapp “On July 3, 2013, our Supreme Court vacated this Court’s 2012 opinion and remanded for reconsideration in light of MCL 600.5739(1) and MCR 4.201(G)(2)(b). Clohset v No Name Corp, 494 Mich 874 ; 832 NW2d 387 (2013).”
1300 Lafayette East Cooperative, Inc v. Savoy (2009) michctapp “With regard to joinder of claims in summary eviction proceedings, MCL 600.5739(1) provides: 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,…”
Gary v. Hixon v. Westwick Square Cooperative (2021) michctapp “MCL 600.5739(1) recognizes that in cases involving a dispute over possession of premises, there may also be related monetary claims such as a claim for unpaid rent: Except as provided by court rules, a party to summary proceedings may join claims and counterclaims for money…”
Debra Nash v. David Kerti (2023) michctapp “5735(2)(b), and the summons was served more than three days before the trial date as required by the same statutory provision. Thus, plaintiff and the district court complied with the statute and court rule governing notice in summary proceedings for violation of a lease.”
Phillip M Clohset v. No Name Corporation (2013) mich “302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of MCL 600.5739(1) and MCR 4.201(G)(2)(b). The motion to append an additional exhibit or for peremptory…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.