Landlord Tenant Guide - State of Michigan

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of the rent was withheld for the purpose ofaddressing the maintenance or repair issue(s),it must have been deposited into an escrowaccount. (That portion of rent must reasonablyrelate to the cost of repair or to the damagethat the tenant incurred because of theproblem.) The tenant must show that “but forthe repair and maintenance required, he or shewas ready, willing, and able to pay the rent.”Having a defense and being able to prove itare two different things. If the tenant is successfulin offering his or her proofs, the tenantis generally allowed to remain in possession ofthe rental property. The Court may not ordereviction if the Court believes that the tenantcomplied with the law and acted only toprotect his or her rights, even though thelandlord may have had a lawful reason toevict. If the parties to a lawsuit for evictioncannot otherwise reach an agreement, they willhave to go to court to have things decided forthem. Even when they first get to court, mostcases are resolved in the hallways. The judgesgenerally encourage the parties to reach asettlement; the attorneys who are there onbehalf of the parties also encourage theirclients to do so. If they cannot, the partiesthen proceed to trial where the judge or jurywill decide the outcome.At trial, both parties will be given anopportunity to tell their side to the judge (orjury). They will be allowed to offer testimonyand show documentation that may persuadethe judge (or jury), by a preponderance of theevidence (51 percent), to rule in their favor.In the courtroom, there is an order tothings. The landlord must first prove that alawful reason for eviction exists and that he orshe is entitled to regain possession as ownerof the rental property. The tenant, on the otherhand, may next offer evidence that eventhough there is a lawful reason, a legal defenseexists that protects him or her from beingremoved. (See a list of landlord’s lawfulreasons and tenant’s possible defenses, pages13 and 16, respectively.) After both partieshave had an opportunity to offer their proofsto the judge (or jury), a decision will be madeeither for the landlord (to regain possession)or for the tenant (to remain in possession). Even if the landlord wins the lawsuit foreviction, the court cannot issue an Order ofEviction for at least 10 days. This allows timefor the tenant to appeal the decision; it allowstime for the tenant to cure by paying the rentowed if that was the reason for eviction, and itallows time to work things out by agreement.Only after waiting 10 days can a prevailinglandlord request that the judge issue an Orderof Eviction. However—even then—Michiganlaw does not allow the landlord to forciblyremove the tenant or the tenant’s property.Only an officer of the court, by a judge’s order,can remove the tenant and tenant’s propertyfrom the rental property; and that officer isgenerally the sheriff or someone from thesheriff’s office. This is called executing theOrder for Eviction, and there is little the tenantcan do but start packing. Yes. In addition to regaining possession ofthe rental property, the landlord may havepersuaded the judge (or jury) that he or she isentitled to a money judgment. The judge mayaward the landlord a money judgment for suchthings as unpaid rent, unpaid utilities, damagesto the rental property beyond reasonable wearand tear caused by the tenant, and any otherdamages incurred because of the tenant’sviolation of the lease agreement.Avoiding a money judgment is always agood idea. If the option to pay is still available,the losing party (if financially able) shouldremit what is owed. Once a money judgment isawarded, the prevailing party, through a lawfulcollection process, can garnish wages, garnishbank accounts, and garnish tax refunds. Theprevailing party may also be entitled toanother remedy—executing the moneyjudgment against personal property (a car, finejewelry, collectibles, and the like).Remember that a lease agreement—whether written or oral—is a contract,enforceable by law. Both parties have rightsand obligations under the lease. Simply havingthe tenant removed from the rental propertymay not provide the landlord with all that heor she is entitled to receive under the lease.
Some incident gives rise for eviction.MCL 600.57147-DAY NOTICE is required forthe following reasons:a) Nonpayment of rent;b) Extensive and continuingphysical injury to property;c) Serious and continuing healthhazard; ORd) Illegal drug activity and formalpolice report filed (leaseprovision must allow fortermination).30-DAY NOTICE is required forthe following reasons:a) Violation of a lease provisionand the lease allows fortermination;b) Forceful entry OR peacefulentry, but forceful stay ORtrespass;c) Holding over after naturalexpiration of lease term;d) “Just cause” for terminatingtenant of mobile home park;ORe) “Just cause” for terminatingtenant of governmentsubsidizedhousing.BEGIN THE LAWSUIT:After the time period in thenotice has expired—either 7 or30 days—if things cannot beworked out:File with the district or municipalcourt and serve on the tenant aSummons and Complaint.MCL 600.5704 and 600.5735Provide proper notice of intent to evict.MCL 600.5716; 600.5718Forms DC 100a, DC 100c (from the court)The notice MUST:a) Be in writing;b) Be addressed to the tenant;c) Describe the rental property(address is sufficient);d) Give reason for eviction;e) State the time for tenant to takeremedial action;f) Include landlord’s signature; andg) Include date.The notice MUST be delivered:a) In person to the tenant, ORb) At the rental property, to a memberof tenant’s household—of suitableage—requesting that it be deliveredto the tenant, ORc) By sending it through first-class mailaddressed to the tenant.The Summons. The Summonscommands the tenant to appear atthe court for trial.Michigan Court Rule 4.201(C)Form DC 104 (from the court)The Complaint. The Complaint givesfurther notice of the cause of action, orreasons, for the eviction. LandlordMUST attach the following:a) A copy of the Lease; ANDb) A copy of the Notice of Eviction—stating when and how it wasdelivered.Michigan Court Rule 4.201(B)Forms DC 102a, DC 102C (from the court)The Summons and Complaint MUSTbe delivered (and proof of how andwhen they were delivered must be filedwith the court) to the tenant BY MAILAND ONE OTHER WAY:a) Personally, ORb) Sent by mail—certified, returnreceipt,restricted delivery, ORc) At the rental property, to a memberof tenant’s household—of suitableage—requesting that it be deliveredto the tenant, ORd) After diligent attempts at personalservice, by securely attaching thepapers to the main entrance of therental property unit.Michigan Court Rule 4.201(D)Read the notice. Certain reasonsfor eviction can be cured (e.g.,nonpayment of rent can be cured bypaying the rent). Certain otherreasons cannot be cured and tenantmust move out (e.g., breach of lease,illegal drug activity). Otherwise, youmay be sued.Recommendation: Contact thelandlord to peacefully discuss his orher reasons for eviction. Try to workthings out to remain in the rentalproperty.The Summons will have a date andtime ordering the tenant to appearin court. As the Summonscommands, you MUST appear incourt for this hearing.You MUST appear and answer theComplaint by the date on theSummons. You can do this either inwriting OR orally at the hearing.Recommendation: It is best tocontact a lawyer to help youthrough this process.
Page 4 and 5: Read the lease. Read the lease. Rea
Page 6 and 7: Note: Two copies of an inventory ch
Page 8 and 9: The security deposit is an amount o
Page 10 and 11: The tenant MUST provide his or herf
Page 12 and 13: Subleasing occurs when a tenant per
Page 14 and 15: If the landlord wishes to remove a
Page 16 and 17: c) Lease (attached to the Complaint
Page 21 and 22: Parties in a dispute can choose tom
Page 23 and 24: MACOMB, St. ClairThe Resolution Cen
Page 25 and 26: There is a cost for filing a small
Page 27 and 28: Maintenance problems range from thi
Page 29 and 30: should send a letter—certified ma
Page 39 and 40: Attach copy of lease or rental agre
Page 41 and 42: Disclosure of Information on Lead-B
Page 43 and 44: BEDROOMDOOR:WINDOWS:CARPET OR FLOOR
Page 45 and 46: TO: _______________________________
Page 47 and 48: TO: _______________________________
Page 49 and 50: TO:FROM:___________________________
Page 51: Forms prepared and approved by the

Landlord Tenant Guide - State of Michigan

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