A.After Expiration of Time Stated in the Possession Judgment
When an order of eviction was not issued immediately after the judgment of possession was entered, the landlord may apply to the court for an order of eviction after the time stated in the possession judgment expires (at least ten days after the possession judgment is entered). MCL 600.5744(5); MCR 4.201(M)(1).
“Subject to the time restrictions of this section, the court entering a judgment for possession in a summary proceeding shall issue a writ commanding a court officer appointed by or a bailiff of the issuing court, the sheriff or a deputy sheriff of the county in which the issuing court is located, or an officer of the law enforcement agency of the local unit of government in which the issuing court is located to restore the plaintiff to and put the plaintiff in full, peaceful possession of the premises by removing all occupants and all personal property from the premises and doing either of the following:
(a) Leaving the property in an area open to the public or in the public right-of-way.
(b) Delivering the property to the sheriff as authorized by the sheriff.” MCL 600.5744(1).
“Abandonment of the premises that is the subject of a writ under [MCL 600.5744(1)] and of any personal property on the premises must be determined by the officer, bailiff, sheriff, or deputy sheriff serving the writ.” MCL 600.5744(2).
The landlord may use SCAO Form DC 107, Application and Order of Eviction/Landlord-Tenant/Land Contract, to apply for the order of eviction or the landlord may submit an application that complies with the following requirements:
•The application must be in writing. MCR 4.201(M)(1)(a).
•The application must “be verified by a person having knowledge of the facts stated[.]” MCR 4.201(M)(1)(b).
•The application must indicate whether the tenant has paid the landlord any money since the possession judgment was entered, and if so, under what conditions the landlord accepted the money. MCR 4.201(M)(1)(c).
•The application must “state whether the party awarded judgment has complied with [the judgment’s] terms.” MCR 4.201(M)(1)(d).
A copy of the application must be served on the tenant. See MCR 2.107(A)(1).
There are specific time requirements for the issuance and execution of an order of eviction entered after the plaintiff’s application:
•The order of eviction must be issued no later than 56 days after entry of the possession judgment, “[u]nless a hearing is held after the defendant has been given notice and an opportunity to appear[.]” MCR 4.201(M)(4)(a).
•The order of eviction must be executed no later than 56 days after the order is issued, “[u]nless a hearing is held after the defendant has been given notice and an opportunity to appear[.]” MCR 4.201(M)(4)(b).
•Subject to the 56-day provisions in MCR 4.201(M)(4)(a)-(b), an order of eviction “shall be delivered to the person serving the order for service within 7 days after the order is filed.” MCR 4.201(M)(2).
B.Immediately After Entry of the Possession Judgment
The court may issue an order of eviction immediately after entering a judgment of possession. MCR 4.201(M)(3). An immediate order of eviction requires that
•“the court is convinced the statutory requirements are satisfied[.]” MCR 4.201(M)(3)(a).
•the defendant had notice before entry of the possession judgment that the plaintiff had requested immediate entry of an order of eviction. MCR 4.201(M)(3)(b).
The statutory requirements for the issuance of an order of eviction immediately after entry of a possession judgment are as follows:
“On conditions determined by the court, a writ of restitution may be issued immediately after the entry of a judgment for possession if any of the following is pleaded and proved, with notice, to the satisfaction of the court:
(a) The premises are subject to inspection and certificate of compliance under the housing law of Michigan, . . .[1] and the certificate or temporary certificate has not been issued and the premises have been ordered vacated.
(b) Forcible entry was made contrary to law.
(c) Entry was made peaceably but possession is unlawfully held by force.
(d) The defendant came into possession by trespass without color of title or other possessory interest.
(e) The tenant, willfully or negligently, is causing a serious and continuing health hazard to exist on the premises or is causing extensive and continuing injury to the premises and is neglecting or refusing either to deliver up possession after demand or to substantially restore or repair the premises.
(f) The action is an action to which [MCL 600.5714(1)(b)] applies [(termination of lease due to controlled substances violation)].” MCL 600.5744(3).
“The court may condition the order to protect the defendant’s interest.” MCR 4.201(M)(3).
C.If Appeal or Motion for New Trial Is Filed
“If an appeal is taken or a motion for new trial is filed before the expiration of the period during which a writ of restitution must not be issued and if a bond to stay proceedings is filed, the period during which the writ must not be issued is tolled until the disposition of the appeal or motion for new trial is final.”2 MCL 600.5744(6).
D.Redemption and Partial Payment
An order of eviction (writ of restitution) must not be entered if the tenant, within the time provided, pays to the landlord the amount due as stated in the possession judgment with taxed costs. MCL 600.5744(7).
An order of eviction may be issued even when a landlord has accepted partial payment of the amount due under the possession judgment if the tenant has been given notice of, and the opportunity to appear at, a hearing held on the matter, or if the judgment expressly indicates that partial payment will not prevent an order of eviction. MCR 4.201(L)(3); MCR 4.201(M)(5).
A $15 fee is charged for the issuance of an order of eviction. MCL 600.5757.
Other fees apply to the service and execution of an order of eviction. MCL 600.2559(1)(l) authorizes the following fees, for each defendant, for the service and execution of an order of eviction: “$40.00 plus mileage, plus the actual and reasonable expense for the physical removal of property from the premises.” However, a process server may charge fees in excess of the amount provided in MCL 600.2559(1)(l) “if the fee is agreed to in advance in writing by the person serving process and the person requesting service.” MCL 600.2559(7).
A party may object to the fees charged for the service and execution of an order of eviction:
“Objections [to fees covered by statute for orders of eviction] shall be by motion. The fee to be paid shall be reasonable in light of all the circumstances. In determining the reasonableness of a fee, the court shall consider all issues bearing on reasonableness, including but not limited to
(1) the time of travel to the premises,
(2) the time necessary to execute the order,
(3) the amount and weight of the personal property removed from the premises,
(4) who removed the personal property from the premises,
(5) the distance that the personal property was moved from the premises, and
(6) the actual expenses incurred in executing the order of eviction.” MCR 4.201(P).
1 See Section 2.4 for information on the Housing Law of Michigan.
2 See Chapter 6 for information on postjudgment proceedings.