Mich. Comp. Laws § 600.5741

Entry and enforcement of judgment for possession; determination of amount due; award of costs.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

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 restitution as provided in this chapter. If it is found that the plaintiff is entitled to possession of the premises, in consequence of the nonpayment of any money due under a tenancy, or the nonpayment of moneys required to be paid under an executory contract for purchase of the premises, the jury or judge making the finding shall determine the amount due or in arrears at the time of trial which amount shall be stated in the judgment for possession. In determining the amount due under a tenancy the jury or judge shall deduct any portion of the rent which the jury or judge finds to be excused by the plaintiff's breach of the lease or by his breach of 1 or more statutory covenants imposed by section 39 of chapter 66 of the Revised Statutes of 1846, as added, being section 554.139 of the Compiled Laws of 1948. The statement in the judgment for possession shall be only for the purpose of prescribing the amount which, together with taxed costs, shall be paid to preclude issuance of the writ of restitution. The judgment may include an award of costs, enforceable in the same manner as other civil judgments for money in the same court.

History: Add. 1972, Act 120, Eff. July 1, 1972

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1982–2026 · leading case: Wilson v. Taylor

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Wilson v. Taylor (1998) mich · cites it 6× “§ 600.5741; M.S.A. § 27A.5741 states: 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 restitution as provided in this chapter.”

1300 Lafayette East Cooperative, Inc v. Savoy (2009) michctapp “Regarding a judgment in a summary eviction proceeding, MCL 600.5741 provides: 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…”

In Re Carr (1985) mieb · cites it 2× “Under Mich. Comp.Laws § 600.5741, Mich.Stat.Ann.”

J.A.M. Corp. v. AARO Disposal, Inc. (1999) mich “MCL 600.5741; MSA 27A.5741 provides: 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 restitution as provided in this chapter.”

VanElsacker v. Erzberger (1984) michctapp “MCL 600.5741, 600.5744(6); MSA 27A.5741, 27A.”

Matter of Delex Management (1993) miwb “at § 600.5741. If money defaults are determined to exist, the “amount due or in arrears at the time of trial .”

In Re Horton (2003) mieb “at § 600.5741. Under Mich. Comp. Laws Ann. § 600.”

Tenney v. Springer (1982) michctapp · cites it 2× “On May 9, 1980, the district court entered a judgment for possession, MCL 600.5741; MSA 27A.5741 in favor of plaintiff.”

Deutsche Bank National Trust Company v. Andrew Hargreaves (2020) michctapp · cites it 2× “MCL 600.5741 authorizes district courts to enter judgments of possession if the plaintiff proves entitlement to possession of land because of nonpayment of moneys under an executory contract for purchase of the premises.”

Visuron Ltd. Partnership v. Corcoran (In Re Casa Colonial Ltd. Partnership) (2007) mied · cites it 2× “(citing Mich. Comp. Laws Ann. § 600.5741 ). Based upon the trier of fact’s findings, the Judgment of Possession indicates the specific amount owed under the land contract, that the vendee has a period specified by statute (i.”

Dutch Baker v. Roy Betham (2023) michctapp “” Under MCL 600.5741 “[i]f 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 restitution .”

Huntington Ridge Farm Inc v. Devoted Friends Animal Society Inc (2026) michctapp “202(J) and MCL 600.5741 because it only stated plaintiff was entitled to receiving a judgment of possession and did not include “under what conditions (if any) a writ of restitution would be issued and that an appeal or post[]judgment motion to challenge the judgment may be…”

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