Landlord Tenant - Proceedings to recover possession of premises and/or obtain a money judgment.
The action must be filed via MIFile with the District Court where the premises are located.
If there is a claim for a money judgment on a landlord tenant case the District Court has jurisdiction up to $25,000.00. If a claim for money exceeds the court's jurisdiction, the District Court determines the possession issue and the Circuit Court determines the money portion. Partnerships may not be represented in court by officers, directors, or other employees who are not licensed to practice law in Michigan.
To regain possession of your premises you must serve the tenant with a notice for either:
- Non-payment of rent (7-day notice)
- Termination of tenancy (30-day notice) or
- Any other type of notice as permitted by law
Non-payment of rent requires notice equal to the payment schedule determined by rental agreement, i.e., weekly, bi-weekly, monthly.
Termination of tenancy requires a 30-day notice when no lease is in effect.
When a landlord tenant non-payment of rent judgment has been entered, the tenant has 10 days to pay the judgment amount or vacate the premises, or a Writ of Restitution (writ to evict) may be filed.
To File a Suit
- Submit:
- Notice for non-payment of rent or termination of tenancy
- Copy of the lease/rental agreement, if applicable
- Summons
- Complaint
- Advice of Rights
- Local Rental & Housing Info Resource List
- Create a case filing, submit paperwork and pay filing fee through MIFile TrueFiling.
- Wait for the email with the Court accepted copy of the Summons containing the case number, Judge assigned to the case, and court date before serving the defendant.
- Decide how the defendant will be served (e.g., sheriff, deputy sheriff, bailiff, appointed court officer, attorney for party).
- Update MIFile case with proof of service and mailing prior to the court date.
Fees & Forms
Below is a list of the commonly used used Landlord/Tenant forms by the 52nd District Court, 2nd Division - Civil Division:
Updated Forms
- Advice of Rights - DC538
- Application and Order of Eviction, Landlord-Tenant/Land Contract - DC107
- Certificate of Satisfied Judgment - MC17
- Complaint, Nonpayment of Rent, Landlord-Tenant - DC102a
- Complaint for Possession After Land Contract Forfeiture - DC103
- Complaint to Recover Possession of Property, Landlord-Tenant - DC102c
- Complaint, Termination of Tenancy, Mobile Home Park/Mobile Home Owner (Just-Cause Termination) - DC102d
- Consent Order for Conditional Dismissal - DC508
- Demand for Possession, Nonpayment of Rent, Landlord-Tenant-2 pages - DC100a
- Demand for Possession, Damage/Health Hazard to Property, Landlord-Tenant - DC100b
- Demand for Possession, Termination of Tenancy, Mobile Home Park/Mobile Home Owner (Just-Cause Termination) - DC100d
- Demand for Possession, Termination of Tenancy Due to Unlawful Drug Activity on Premises, Landlord-Tenant - DC100
- Forfeiture Notice, Land Contract - DC101
- Local Rental and Housing Info Resource List
- Judgment, Landlord-Tenant - DC105
- Motion to Set Aside Default Possession Judgment DC99b - MC99b
- Notice to Quit to Recover Possession of Property, Landlord-Tenant - DC100c
- Order for Reinstatement of Case and Entry of Judgment - DC509
- Order for Administrative Closing Due to Bankruptcy - MC300
- Order - MC327
- Request and Order of Eviction after Conditional Dismissal - DC107a
- Request for Court Mailing - DC536
- Request and Order to Seize Property - MC19
- Subpoena, Order to Appear and/or Produce - MC11
- Summons, Landlord-Tenant/Land Contract-2 page- DC104
- Voluntary Dismissal - MC09
Additional Landlord Tenant forms can be found at the Michigan Courts website.
Landlord / Tenant Fees for Possession Only: $55.00
Landlord / Tenant Fees for Possession & Money Judgment:
- $90.00: Claim is $600.00 and under
- $110.00: Claim is $600.01 - $1,750.00
- $130.00: Claim is $1,750.01 - $10,000.00
- $215.00: Claim is $10,000.01 - $25,000.00
Landlord / Tenant Service Fees:
The Court does not accept payment for service fees. Contact one of the following Court Officers/Process Servers for payment options:
- Allen-Hope & Associates (Scott Hope): 810-239-7788
- Allen Booze: 248-640-4820
- Brent Wilson: 248-884-2529
- Donald Puggini, Jr. 586-792-3810
- Kenneth Quisenberry: 248-760-6000
- Leonard Rancilio Jr. 586-792-3810
- William Grant 586-792-3810
