Landlord Tenant Guide - State of Michigan

c) Lease (attached to the Complaint); andd) Summons.Most district courts will provide thelandlord with pre-approved court forms, ifrequested. These forms meet all Michiganstatutory and court-rule requirements. However,they must be properly filled out. It is suggestedthat anyone not using the pre-approved courtforms consult with an attorney.The lawsuit for eviction begins like anyother lawsuit—the plaintiff (the landlord) filesthe appropriate paperwork with the court.Jurisdiction over eviction proceedings isgranted to the district court and the fewremaining municipal courts.The Complaint tells the court why thelandlord seeks to regain possession of his orher rental property—much the same as theoriginal Notice of Eviction. The ComplaintMUST include:a) A description of the rental property;b) The reason(s) for eviction;c) A demand for a jury trial (if the landlordwants a jury);d) If rent or other money is due, the rentalperiod and rate, the amount due and unpaidwhen the Complaint was filed, and date(s) thepayments became due; ande) Allegations that the landlord has keptthe residential rental property fit for the useintended and in reasonable repair during theterm of the lease (unless the lease term is ayear or more and the parties have modifiedthese obligations by contract).The following paperwork MUST BEATTACHED to the Complaint:a) Copy of the Notice of Eviction; andb) Lease (unless the tenancy was createdby an oral agreement).The Summons MUST accompany theComplaint, commanding the tenant to appearat the district court for trial. It MUST alsoinclude information, advising the tenant that:a) The tenant has the right to employ anattorney;b) If the tenant does not have an attorney,but can otherwise afford to retain one, tocontact the State Bar of Michigan or a locallawyer referral service;c) If the tenant cannot pay for an attorney,he or she might qualify for legal-aid assistance;andd) The tenant has the right to a jury trial(the fee must be paid when the demand ismade in the first response—written or oral).Proper filing of the paperwork with thecourt. The paperwork MUST be properly filedwith the appropriate district court, as only thiscourt has jurisdiction over eviction proceedings.A lawsuit for eviction is filed in thedistrict court in the county where the rentalproperty is located. Sometimes, the districtcourt’s jurisdiction borders are the same asthe municipal borders, but this is not alwaysthe case. Check with the local court to determinethe proper district court for your lawsuit.Proper delivery of the paperwork to thetenant. The paperwork MUST be properlydelivered to the tenant, notifying him or herthat legal action has begun (and proof of howand when they were delivered must be filedwith the court). The Summons and Complaintand a copy of the original Notice of Evictionand Lease MUST be properly delivered to thetenant BY MAIL AND ONE OTHER WAY:a) Personally, ORb) By first-class mail—certified, returnreceiptrequested, restricted delivery, ORc) At the rental property, to a member ofthe tenant’s household—of suitable age—requesting that it be delivered to the tenant,ORd) After diligent attempts at personalservice, by securely attaching the papers tothe main entrance of the rental property unit.(Note that this delivery differs slightly fromdelivery of the initial Notice of Eviction. Here,two methods of delivery are required.)CHECKLIST FOR COMMENCING A LAWSUIT■ The Notice of Eviction was properly delivered to the tenant and the proper time period, either 7 or30 days, has passed.■ The pre-approved court forms—the Complaint and Summons—are properly completed.■ Copies of the Notice of Eviction and Lease are attached to the Complaint.■ All paperwork is filed with the appropriate district or municipal court.■ All paperwork is properly delivered to the tenant.