Mich. Comp. Laws § § 600.5741
Entry and enforcement of judgment for possession; determination of amount due; award of costs.
Operative Text
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.
Michigan law under MCL § 600.5741 governs what happens when a court finds a landlord entitled to reclaim a rental property. If the eviction stems from unpaid rent or contract payments, the court must calculate and state in the judgment exactly how much money is owed at the time of trial. Importantly, the court is required to subtract any portion of rent that is excused by the landlord's own breach of the lease or of statutory habitability covenants, and the stated amount—plus taxed costs—is what a tenant can pay to stop a writ of restitution from being issued.
Plain English — not legal advice.
Under MCL § 600.5741, operators pursuing a possession judgment based on nonpayment should be prepared for the court to scrutinize whether any portion of the claimed arrears must be offset against the landlord's own lease violations or failures to meet statutory habitability covenants under MCL § 554.139. A compliant operator generally maintains thorough records of rent owed, payments received, and property condition to support an accurate accounting at trial. Because the judgment amount sets the precise figure a tenant may pay to halt a writ of restitution, accurate documentation of the amount in arrears is central to the proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 600.5741 provides tenants with a meaningful protection: if a landlord has breached the lease or failed to meet statutory habitability obligations under MCL § 554.139, the court must reduce the rent arrears figure accordingly before entering a judgment for possession. The amount stated in the judgment is the sum—along with taxed costs—that can be paid to prevent a writ of restitution from being enforced, giving tenants a defined opportunity to retain their housing. Tenants who believe a landlord's breach has excused some portion of rent may wish to document those conditions and consult a tenant-rights organization or legal aid provider familiar with Michigan eviction proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation