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Landlord-Tenant - Self HelpThe following information will take you through the steps necessary
in a landlord-tenant case in district court. To access any of the necessary
forms, simply click on the form number. To access any of the topics,
simply click on the topics. Using Court Forms How to Begin Serving the Notice What if You Receive a Notice Filing a Complaint Serving the Summons and Complaint What if You Receive a Summons and Complaint Preparing for the Hearing Attending the Hearing Judgment Getting the Tenant Evicted Collecting Your Money Statutes, Court Rules, and Other ResourcesStatutes and court rules associated with landlord-tenant proceedings are: MCL 600.5701 et seq., 600.5771 et seq., and MCR 4.201 >>. See also laws on Landlord and Tenant Relationships, MCL 554.601 through 554.616 and the Truth in Renting Act, MCL 554.651 through 554.658. In addition to the statutes and court rules, see the brochure about creating and terminating tenancies available from the legislature's website >>. For case law, see the Michigan Appellate Digest for Landlord-Tenant matters >>. Other links are available through the Michigan Poverty Law Program website >>. Other brochures have been created by local courts; you can check the individual court websites >>.Using Court FormsCourt forms are available for use in landlord-tenant proceedings. These forms follow the procedures stated in the Michigan Compiled Laws and Michigan Court Rules and can be used without the assistance of an attorney. See details on how to find legal information >>. When using forms, you are required to provide the total number of copies for use by the court, the parties, and any other person or organization that must receive the form. See the upper-right hand corner of each form to determine the mandatory number of copies and who must receive those copies. When completing a form on-line, you must print the number of copies you will need for filing with the court and service on the parties. Otherwise, you will have to photocopy the proper number of copies before filing the form with the court. If you do not provide the court with the correct number of copies, the court might reject the form for nonconformance under the authority of Michigan Court Rule 8.119(C). Unless specifically required by court rule or statute, the court is not responsible for making copies of forms for you. Select the forms you need from the list below. Instructions for completing the forms are not available. Complaint, Health Hazard, Injury to Premises, Landlord-Tenant, DC 102b How to Begin Your LawsuitIf you are a landlord and want to give a tenant notice to correct a problem, pay rent, or do some other act, or else move out, you must give notice to the tenant. If the tenant does not correct the problem, pay rent, or do whatever you have asked within the time frame in the notice, you can file a complaint with the district court requesting the court to order eviction. If you don't want to offer the tenant the above options and simply want to evict a tenant or get a judgment to collect rent or damages owed to you by the tenant, or both, you still have to give notice to the tenant. Select the form you need based on the situation described below:
Serving the NoticeThe demand or notice to quit must be served on the tenant (the person in possession of the property). The demand or notice may be served in one of three ways:
What if You Receive a NoticeIf you are served with a notice to quit or demand for payment, you may respond to the request in the notice by doing what the notice asks. If you dispute the notice, you have the right to file your dispute with the district court. You are encouraged to try resolving your dispute through mediation. 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 >>.Filing a ComplaintThere is a fee for filing the complaint. A copy of the complaint and a notice of the court hearing must be served on the tenant. The complaint form is available from the court. It is also available from this site (go to Court Forms Index >>). The cost of filing your lawsuit is $45.00. In addition, if you are seeking money damages, $25.00 for claims up to $600, $45.00 for claims from $600 to $1,750, $65.00 for claims over $1,750 to $10,000, and $150.00 for claims over $10,000 to $25,000, is required. The plaintiff is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, the fees may be added to the judgment against the defendant.
Serving the Summons and ComplaintAfter your have filed your summons and complaint, you must notify the defendant that you have filed a complaint against them and the date they are to be in court. The summons and complaint must be served by delivering the court papers to the defendant in person. Follow the instructions on the forms to make sure you serve the court papers as required. See also MCR 4.201(D) and MCL 600.5735 for service requirements. What if You Receive a Summons and ComplaintIf you are served with a summons and complaint, you must appear and answer the complaint by the date on the summons. You can appear and answer by either: 1) filing a written answer or motion and serving the plaintiff with that answer or motion; or 2) orally answering each allegation in the complaint at the hearing. You have the right to be represented by an attorney. You are entitled to a jury trial, but you must demand it and pay a jury fee of $50.00 when you make your first appearance and answer. If you do not appear and answer as required, the court may enter a default judgment against you. This means the judge may grant a judgment for the plaintiff without hearing from you. Preparing for the HearingOn the hearing date, any of the following may happen: 1. If both the person filing the lawsuit and the defendant appear, the judge may recommend that the parties go to mediation and the case may be adjourned. If either party does not want to attempt mediation, the hearing will proceed. 2. If the plaintiff does not appear and the defendant does appear, the case may be dismissed. 3. If the defendant does not appear, the plaintiff may ask for a "default" judgment. This means that if the judge decides the plainiff has a good claim, the plaintiff can obtain a judgment without a hearing because the defendant did not appear to challenge the complaint. When you go to court for a hearing, take with you all the evidence you believe proves your case. This might include a receipt, guarantee, lease, contract, or accident report. If a damaged article is too big to bring with you, photographs can be presented as evidence. Any witnesses you would like to speak on your behalf should appear in court as well. See general information about hearings for directions on getting witnesses to appear >>. The HearingThe hearing will usually take place at the court where the complaint was filed. It is important to be there on time; if you filed the lawsuit and are not in court when your case is called, the case may be dismissed. If you are the defendant and are not in court when your case is called, a default judgment may be entered against you. Bring all of your relevant papers or other evidence and make sure your witnesses will be on time. A landlord-tenant case can be heard by a judge or a jury, and the hearing will be recorded. The court clerk will call the case and both the plaintiff and the defendant will appear before the judge. The judge will ask the plaintiff to state the facts and law in support of the complaint. When the plaintiff has finished, the defendant will have an opportunity to respond. Each party should listen carefully. If either party thinks someone is leaving something out or is misstating facts, they should be sure to tell the judge or referee. Both parties should take their time and tell what happened in their own words and why they think the court should order what they seek. The plaintiff will be seeking the relief requested in the complaint, while the defendant may ask the court to grant the relief requested, grant some other form of relief, or dismiss the complaint altogether. Each party may present evidence to support his or her argument. Witnesses will be allowed to tell the court about facts they know that support this evidence. See general information about hearings >>. A judge's decision is final. Either party may appeal the judge's decision to the circuit court. Whoever loses the case may be ordered to pay the court costs and attorney fees. Parties should be prepared to pay for the extra expense. JudgmentThe court prepares the Judgment, form DC 105 or 105a, after the hearing. The court will also make sure that the judgment is given or sent to both parties. If the judgment is in favor of the plaintiff, it will give possession of the property to the plaintiff and will require the tenant to move out. The judgment can also include a money award.Evicting the Tenant and Collecting Your MoneyIf the court enters a judgment in favor of the plaintiff and the defendant does not move out and pay any money (if ordered) within the time stated in the judgment, the plaintiff can file an application with the court to have the defendant evicted. Follow the instructions on the Order of Eviction, form DC 107. An order of eviction cannot be issued if any part of the amount due under the jugment has been paid, unless a hearing has been held after the defendant has been given notice and an opportunity to appear, or if the judgment states otherwise. Once an order of eviction is entered, it must be served on the defendant. An order of eviction can only be served by an appointed court officer. If the defendant fails to pay the judgment when ordered, you must go back to the court and file additional papers to collect on the judgment by having the defendant's wages or bank account garnished, or their property seized. This cannot occur until 21 days after the judgment is entered. As part of the judgment, the defendant must provide information to the court that can be used in post-judgment collection efforts. See information about collection. |
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