SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF REAL ESTATE

The following legal proceedings are governed by Michigan Statutes, the Revised Judicature Act, being MCL 554.134, MCL 600.5701, et seq. and Michigan Court Rules 4.200 et seq.

Please note: The following is provided for informational purposes.  If you have specific legal questions, please consult an attorney for advice.  The Court Staff is not authorized by law to give you legal advice.  Staff will give you advice on procedural matters, such as documents you must file, the filing fees, and the availability of those who serve process.

Forms may be downloaded with Adobe Reader software                  

LANDLORD/TENANT EVICTION PROCEEDINGS

The institution of a suit to recover the possession of real property must be filed by the person who is the legal owner of the property.  It cannot be filed by a property manager or agent.  If the owner is a corporation or for some reason cannot represent him/herself, then an attorney must be retained.  Property owned by a partnership may be represented by one of the partners.  The two most common law suits for eviction are: (1) for non-payment of rent, and (2) termination of tenancy.  Each requires different procedures, as outlined below. Other types of eviction proceedings require different pleadings and proofs and it is recommended that in those cases legal assistance be obtained.  The forms referred to hereafter may be obtained in the office of the Civil Division, or may be obtained by clicking on the desired form number.  The original of the form will be filed with the court. There must be a copy for each party to the action.

NON-PAYMENT OF RENT / DAMAGE TO PROPERTY / SERIOUS HEALTH HAZARD

Before an eviction suit can be filed, the tenant must be served with a Demand for Possession (DC100a).  This notice gives the tenant seven (7) days to either pay the amount of rent stated, or to move out.  The suit can not be filed until the seven days has expired. The court does not have jurisdiction to hear the eviction case unless a Demand for Possession has been served.  Service of the notice may be accomplished by a process server, providing personal or substituted service; or it may be served by first class mail.    

Once the seven days has expired the next step is the filing of the Complaint (DC102a).  If recovery of possession is the only remedy sought, fill in the names and addresses of the Plaintiff (landlord) and Defendant (tenant) and paragraphs 1 through 11 of the complaint. If a judgment for money damages is sought, see Supplementary Complaint, below.

A copy of the lease, if any, and the Demand for Possession must be attached to the Complaint.  The landlord must prepare a Summons (DC 12-LT-104), filling in the names and addresses of Plaintiff (landlord) and the Defendant (tenant) and paragraph 1.  The Clerk of the Court will fill in the rest of the Summons when filed with the 12th District Court, Civil Division. The filing fees must be paid at the time the suit is filed. A stamped envelope, addressed to the tenant, must be provided to the court.  The documents will then be turned over to a process server. 

Effective May 1, 2002, the 12th District Court has adopted a new procedure, requiring the tenant to file a written Answer after being served with the Summons and Complaint, before the case is scheduled for a hearing.  The Summons, an Instruction sheet and Answer form will be given to the tenant when served. If the tenant desires to contest the eviction, he/she must file a written Answer within five days after being served.  A sample of that form is available (DC 12 ANSWER).

The tenant is instructed that the Answer must state the reason the eviction is contested. The Answer must be filed with the court within five (5) days. The day of service is not counted. If the 5th day falls on a weekend or a holiday, it must be filed with the court the next business day. If an Answer is filed the case will be scheduled for a hearing within seven (7) days. At the hearing both parties must appear, bring any necessary witnesses, and, all documents pertaining to the tenancy; such as, the lease, if any, notices, payment records or receipts. Failure of the tenant to appear will result in a judgment of possession. Failure of the landlord to appear will result in dismissal of the case.

If the tenant does not file an Answer, the landlord may file a default notice with the court.  The Landlord must fill in the amount of rent due as of the date of the default and file it with the Clerk. The Court Clerk will add the taxable costs and enter the default judgment.  The amount of the judgment (rent and court costs) must be paid within ten days from the date of the judgment or the tenant must move within that ten days, otherwise a Writ of Eviction will issue, ordering the tenant to be removed from the property. The Court Clerk will send a copy of the Judgment of Eviction to all the parties.

If the landlord wishes to dismiss the lawsuit, such Request may be made on the (DC12 LT DEFAULT) form.

Once the possessory judgment (DC 105) is obtained the tenant has ten days within which to pay the amount of the judgment or to vacate the premises. If the tenant tenders full payment of the amount in the possessory judgment within ten days the landlord must accept it; the tenancy will be continued and the case closed.  In the event the tenant has done neither, on the next business day the landlord may obtain an Order of Eviction (DC 107), authorizing a process server to physically remove the tenant.

TERMINATION TENANCY

Before an eviction suit can be instituted for termination of tenancy a Notice to Terminate Tenancy (DC 100c) must be served upon the tenant. The time specified in the Notice must be equal to the rental payment period. Example: rent payments due on a month to month basis, require a 30 day notice in order to terminate the tenancy. Again no suit for termination of tenancy may be instituted prior to the expiration of the period set forth in the notice. 

Once the notice period has expired the next step is the filing of the Complaint (DC102c).  If recovery of possession is the only remedy sought, fill in the names and addresses of the Plaintiff (landlord) and Defendant (tenant) and paragraphs 1 through 11 of the Complaint. If a judgment for money damages is also sought, see Supplementary Complaint, below. 

A copy of the lease, if any, and the Demand for Possession must be attached to the Complaint.  The landlord must prepare a Summons (DC 12-LT-104), filling in the names and addresses of Plaintiff (landlord) and the Defendant (tenant) and paragraph 1.  The Clerk of the Court will fill in the rest of the Summons upon filing with the 12th District Court Civil Division. The filing fees must be paid at the time the suit is filed. The documents will then be turned over to a process server. 

Effective May 1, 2002, the 12th District Court has adopted a new procedure, requiring the tenant to file a written Answer after being served with the Summons and Complaint, before the case is scheduled for a hearing.  The Summons, an Instruction sheet and Answer form will be given to the tenant when served with the Complaint. If the tenant desires to contest the eviction, he/she must file a written Answer within five days after being served. A sample of that form is available (DC 12 ANSWER).

The tenant is instructed that the Answer must state the reason the eviction is contested. The Answer must be filed with the court within five (5) days. The day of service is not counted. If the 5th day falls on a weekend or a holiday, it must be filed with the court the next business day. If an Answer is filed the case will be scheduled for a hearing within seven (7) days. At the hearing both parties must appear, bring any necessary witnesses, and, all documents pertaining to the tenancy, such as the lease, if any, notices, payment records or receipts. Failure of the tenant to appear will result in a judgment of possession. Failure of the landlord to appear will result in dismissal of the case.

If the tenant does not file an Answer, the landlord will be advised and a Default Notice (DC12 LT DEFAULT) will be prepared by the Court Clerk. The Landlord must request entry of default. The Court Clerk will add the taxable costs and enter the default judgment terminating the tenancy. The Court Clerk will send a copy of the Judgment of Eviction to all the parties.

If the tenant has not vacated the premises within the ten days an Order of Eviction (DC 107) will issue on the next day, authorizing the process server to physically remove the tenant.

If the landlord wishes to dismiss the lawsuit, such Request may be made on the (DC12 LT DEFAULT) form.

RELIEF FROM AN ENTRY OF DEFAULT OR JUDGMENT   

After an Entry of Default or a Judgment of Possession, if the tenant seeks relief from the default, a possessory judgment or the resulting writ of eviction, a motion must be filed within ten days. If it challenges the landlord’s right of possession the motion must be accompanied by an escrow deposit equal to one month’s rent. If the tenant seeks to have the default set aside for failure to answer the complaint and/or appear, the tenant must show a good reason for his failure, and have a valid defense to the landlord’s right to possession. No rehearing will be allowed until the Default has been set aside by the judge.

 
SUPPLEMENTAL COMPLAINT for MONEY DAMAGES

In the event the landlord wishes to obtain a money judgment as part of the eviction proceeding, paragraph 12 must be checked, setting forth the claim in detail and pay the additional filing fee. If the amount of the money claim is not known, such as the final amount of rent due or the extent of any physical damage, paragraph 12 should be checked; with the indication  “damages to be determined”.

The Summons and Complaint must be personally served upon the tenant. Service by attachment is insufficient to obtain a money judgment.

If the landlord wishes to obtain a money judgment for only the amount of unpaid rent and taxable costs set forth in the possessory judgment no further pleadings are necessary. Twenty-one days after personal service of the Summons and Complaint, if the tenant has not filed an answer, a money judgment may be obtained by filling the Default Notice (DC12LT DEFAULT). If an Answer is filed, contesting the money claim, the court clerk will schedule a date for that trial. At the trial both parties must appear and bring all the documents, contracts, receipts and any witnesses necessary to present their respective claims or defenses. 

If the landlord wants a money judgment in excess of the amount of the possessory judgment and paragraph 12 does not allege a specific amount, an Amended Supplementary Complaint must be filed. The total amount of rent due and any claim for property damage must be set forth in detail. The Amended Supplemental Complaint must again be personally served upon the tenant. The tenant has twenty-one days after service of the Complaint or the Amended Supplemental Complaint within which to answer the money claim. If an Answer is filed the money claim will be scheduled for trial by the court clerk. At the trial both parties must appear and bring all the documents, contracts, receipts and any witnesses necessary to present their respective claims or defenses. After the expiration of the twenty-one days if an Answer is not filed, contesting the money claim, the Affidavit of Default and Request for a Default money judgment may enter (DC 12 LT DEFAULT). The collection procedure of a money judgment is the same as any other civil judgment.

A claim for unpaid rent and/or damages may be preserved and filed as a separate Small Claims action, subsequent to obtaining a judgment of possession. It should be noted here, that if a security deposit was taken, all requirements of the Security Deposit Act must be satisfied. As a general rule, an action for damages must be filed within forty-five days after termination of tenancy.


SUMMARY PROCEEDINGS, seeking LAND CONTRACT FORFEITURE is under construction