This section provides some general information about housing and real
estate matters.
The information provided in the Self-Help Center is not legal advice.
The laws of Michigan do not allow the employees of the court or the judge
to give you legal advice. You should consult with an attorney concerning
legal issues, but you do not need an attorney to file a civil case. If
you proceed with a case involving housing or real estate, you are acting
as your own attorney and this Self-Help Center may help you with the legal
process.
Many courts are offering mediation as an alternative to filing a landlord-tenant
or land contract forfeiture case. You may want to contact the court clerk
to see if a mediation program is available in your community. Find
the district court in your county >>.
Landlord-Tenant Case
If you are renting a home, apartment, mobile home, or some other building
from someone, you are a tenant. A landlord is the person who is renting
the home, apartment, mobile home, or some other building to you. Both
the tenant and the landlord have legal rights.
Evicting a Tenant and Getting a Money Judgment
A tenant can be evicted from the property for a variety of reasons.
Some common reasons are failure to pay rent, destruction of property,
and refusal to follow rules and regulations.
Before a landlord can file a lawsuit to evict a tenant, the tenant
must be served with a "Notice to Quit." After the specified
time on the "Notice to Quit" has passed, a complaint may
be filed in the district court and a hearing scheduled. At the hearing,
the court will decide whether the landlord should be given possession
of the property and awarded a money judgment. If the tenant fails
to appear at the court hearing and answer the complaint, a default
judgment for possession of the property and money judgment may be
entered. Ten days after a judgment for possession has been entered,
a landlord may obtain a document called an order of eviction. This
authorizes the landlord to evict the tenant and remove the tenant's
belongings from the rental property.
Disagreeing with an Eviction Notice
A tenant who disagrees with an eviction notice may request a trial.
If a jury trial is requested, the court may require the tenant to
deposit future rent payments into an escrow account until the case
is settled.
A tenant may claim that rent is not being paid because the property
is unlivable or in need of repair. This is called a constructive eviction.
In these cases, the court may reduce the amount of rent owed or require
the landlord to make some repairs.
A tenant may not claim that rent is not being paid because another
tenant is not paying the rent. Generally, the person who signs a lease
agreement is responsible for making the rent payments. If you sign
a lease with someone else as joint tenants, and the other person refuses
to pay his or her share, you can still be held accountable for the
entire amount. Likewise, if you sublet your rental property to someone
else, you are still responsible for all rent payments.
Collecting Payments on a Lease
If a tenant moves out before a lease expires, the landlord can file
a complaint with the district court to collect the payments remaining
in the lease period, but the landlord must try to re-rent the premises
in the meantime. This is called mitigation of damages.
Getting a Damage Deposit Refunded
A tenant can file a complaint with the district court if his or her
damage deposit is not refunded or if he or she disagrees with any
charges made by the landlord against the deposit. For damage deposits
less than $3,000, you may file a claim in the small
claims division of the district court. If the damage deposit is
between $3,000 and $25,000, you may file a claim in the general
civil division of the district court.
For additional information about how to file a landlord-tenant case
and what else you need to do, see the Landlord-Tenant
Self-Help Center >>.
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Land Contract Forfeiture Case
If you are buying real property such as a home, mobile home, or some other
building or land from a seller, you are a purchaser. The seller is the
person who is selling the home, mobile home, or some other building or
land to you. The purchaser and the seller have legal rights.
Forfeiting a Land Contract and Evicting a Purchaser
A land contract can be forfeited and the purchaser evicted from the
property for a variety of reasons. Some common reasons are failure
to pay installments, failure to pay taxes or insurance, or destruction
of property and refusal to follow rules and regulations.
Before a seller can file a lawsuit to evict a purchaser, the purchaser
must be served with a "Notice of Forfeiture." After the
specified time on the "Notice of Forfeiture" has passed,
a complaint may be filed in the district court and a hearing scheduled.
At the hearing, the court will decide whether the seller should be
given possession of the property and awarded a money judgment. If
the purchaser fails to appear at the court hearing and answer the
complaint, a default judgment for possession of the property and money
judgment may be entered. After the time stated in the judgment for
possession, a seller may obtain a document called an order of eviction.
This authorizes the seller to evict the purchaser and remove the purchaser's
belongings from the property.
Disagreeing with an Eviction Notice
A purchaser who disagrees with an eviction notice may request a trial.
For additional information about how to file a land contract forfeiture
case and what else you need to do, see the Land
Contract Forfeiture Self-Help Center >>.
