Chapter 4: Summary Proceedings To Evict1

4.1Introduction2

“[The Summary Proceedings Act] allows for summary eviction proceedings to be brought in district court to recover possession of a rented or leased residence and to obtain ancillary relief.” 1300 LaFayette East Coop, Inc v Savoy, 284 Mich App 522, 527 (2009). See MCL 600.5704. “‘Summary proceedings’ means a civil action to recover possession of premises and to obtain certain ancillary relief as provided by [MCL 600.5701 et seq.] and by court rules adopted in connection therewith.” MCL 600.5701(a).

The statutes governing summary proceedings are found in Chapter 57 (the Summary Proceedings Act) of the Revised Judicature Act.3 According to MCL 600.5708, “[e]xcept as otherwise provided in [MCL 600.5701 et seq.], the procedure in summary proceedings shall be regulated by rules adopted by the supreme court and by local court rules not inconsistent therewith.” See also MCR 4.201(A): “Except as provided by this rule and MCL 600.5701 et seq., a summary proceeding to recover possession of premises from a person in possession as described in MCL 600.5714 is governed by the Michigan Court Rules.”4 MCR 4.201 governs summary proceedings in landlord-tenant cases, and MCR 4.202 governs summary proceedings involving land contracts.5 See the Michigan Judicial Institute’s flowchart of the summary proceedings process.

The scope of a court’s authority over summary proceedings is set forth in MCL 600.5732:

“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 orders, order adjournments and continuances, make and enforce all other writs and orders and do all other things necessary to hear and determine summary proceedings.”

“The remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory.” MCL 600.5750. See also JAM Corp v AARO Disposal, Inc, 461 Mich 161, 168 (1999). MCL 600.5750 further states that “[a] judgment for possession under this chapter does not merge or bar any other claim for relief[] . . . .6 The plaintiff obtaining a judgment for possession of any premises under this chapter is entitled to a civil action against the defendant for damages from the time of forcible entry or detainer, or trespass, or of the notice of forfeiture, notice to quit or demand for possession, as the case may be.”

Note: For purposes of this chapter, the terms landlord and plaintiff are interchangeable, as are the terms tenant and defendant.

1   Effective November 6, 2023, Administrative File No. 2020-08 made significant amendments to Administrative Order No. 2020-17, MCR 2.408, and MCR 4.201. “If good cause exists, a court may request from the State Court Administrative Office (SCAO) an extension to delay the effective date” of the order for that court. ADM File No. 2020-08.

2   For assistance in understanding and managing landlord-tenant matters see http://michiganlegalhelp.org/self-help-tools/housing.

3   Summary proceedings to recover possession of property held by land contract are discussed in Section 7.2. Mobile home tenancies are specifically addressed in Chapter 57a of the Revised Judicature Act, MCL 600.5771–MCL 600.5785. See also Section 1.11(B).

4   “Forms available for public distribution at the court clerk’s office and SCAO-approved forms located online may be used in the proceeding.” MCR 4.201(A). The forms are available at https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/.

5   See Section 7.2 for information on proceedings involving land contracts.

6   Note: Although a summary proceedings action does not merge or bar other claims for relief, collateral estoppel may prevent relitigation of factual issues previously determined by the court.