Mich. Comp. Laws § § 600.5744
Issuance of writ of restitution; conditions; foreclosure of equitable right of redemption.
Operative Text
Sec. 5744. (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. (2) Abandonment of the premises that is the subject of a writ under subsection (1) and of any personal property on the premises must be determined by the officer, bailiff, sheriff, or deputy sheriff serving the writ. (3) 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, 1917 PA 167, MCL 125.401 to 125.543, 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 section 5714(1)(b) applies. (4) If a judgment for possession is based on forfeiture of an executory contract for the purchase of the premises, a writ of restitution must not be issued until the expiration of 90 days after the entry of judgment for possession if less than 50% of the purchase price has been paid or until the expiration of 6 months after the entry of judgment for possession if 50% or more of the purchase price has been paid. (5) If subsections (3) and (4) do not apply, a writ of restitution must not be issued until the expiration of 10 days after the entry of the judgment for possession. (6) 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. (7) If a judgment for possession is for nonpayment of money due under a tenancy or for nonpayment of money required to be paid under or any other material breach of an executory contract for purchase of the premises, the writ of restitution must not be issued if, within the time provided, the amount stated in the judgment, with the taxed costs, is paid to the plaintiff and other material breaches of the executory contract for purchase of the premises are cured. (8) Issuance of a writ of restitution following entry of a judgment for possession because of the forfeiture of an executory contract for the purchase of the premises forecloses any equitable right of redemption that the purchaser has or could claim in the premises.
MCL § 600.5744 governs the process by which a Michigan court, after entering a judgment for possession in a summary proceeding, issues a writ of restitution directing an authorized officer to remove occupants and personal property from the premises. The timing of that writ varies depending on the circumstances: in most standard cases it cannot issue for at least 10 days, while cases involving land contracts may require waiting 90 days or 6 months depending on how much of the purchase price has been paid. Certain serious conditions—such as ongoing health hazards, forcible entry, or trespass—can allow the writ to issue immediately. If the underlying judgment was for nonpayment, the writ cannot issue if the tenant or purchaser pays the full judgment amount plus costs within the applicable period.
Plain English — not legal advice.
Under MCL § 600.5744, once a court enters a judgment for possession, a compliant property owner or manager generally waits for the applicable statutory period to expire before a writ of restitution is executed—typically 10 days in standard tenancy cases. Operators who believe an expedited writ is warranted (for example, due to serious and continuing health hazards caused by the occupant) must plead and prove those specific grounds to the court's satisfaction with proper notice. Landlords managing land-contract situations should be aware that the waiting period before writ issuance can extend to 90 days or 6 months depending on how much of the purchase price the buyer has paid, and that issuance of the writ in those cases forecloses the purchaser's equitable right of redemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 600.5744 provides tenants and land-contract purchasers with important time protections after a judgment for possession is entered against them. In most tenancy cases, at least 10 days must pass before a writ of restitution can be issued, and if the judgment was based on nonpayment, paying the full judgment amount plus taxed costs within that window can prevent the writ from issuing at all. Tenants who believe a writ is being sought improperly—or who wish to explore options such as filing an appeal, a motion for new trial, or a bond to stay proceedings under this section—may benefit from consulting a tenant-rights organization or legal aid provider familiar with Michigan summary 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.
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