(a) If it is found (1) that a forcible entry has been made into the land, tenement or dwelling unit, or (2) that the same are detained with force and strong hand, or (3) that damage has been caused to the premises or damage to or removal of or detention of the personal property of the possessor, or (4) that the party put out of possession would be required to cause damage to the premises or commit a breach of the peace in order to regain possession, as complained of, the judge shall render judgment that the complainant be restored to, and reseized of, the premises or that the personal property removed or detained be returned to the complainant, and shall award a writ of restitution accordingly. The complainant shall recover costs from the person complained of. Execution shall be granted against the person complained of.

(b) If the person complained of is found not guilty, costs shall be taxed against the complainant and execution shall be granted against the complainant.

(c) The judgment rendered in such proceeding shall not affect or be evidence of the title to such land, tenement or dwelling unit.

(P.A. 79-571, S. 41; P.A. 80-483, S. 127, 186; P.A. 84-266, S. 1, 4.)

History: P.A. 80-483 made technical changes; P.A. 84-266 amended Subsec. (a) to authorize the judge to render judgment that the personal property removed or detained be returned to the complainant.

Cited. 38 CS 1.

Subsec. (a):

Trial court did not err in failing to award plaintiffs attorney's fees as a recoverable cost under Subsec.; statutory provision is devoid of any express language authorizing an award of attorney's fees, court will not presume that legislature intended for statute to operate in derogation of the long-standing common-law rule disfavoring award of attorney's fees to prevailing party. 87 CA 779.

Subsec. (c):

Court order restoring tenant to possession did not create a new right or privilege to occupy the premises but rather restored the status quo ante. 121 CA 790.