Landlords

TenantsandLandlordsa practical guide

Dear Friend:This booklet is designed to inform tenants and landlords about their rights andresponsibilities in rental relationships. It serves as a useful reference—completewith the following:■ An in-depth discussion about rental-housing law in an easy-to-read questionand-answerformat;■ Important timelines that outline the eviction process and recovering orkeeping a security deposit;■ A sample lease, sublease, roommate agreement, lead-based paint disclosureform, and inventory checklist;■ Sample letters about repair and maintenance, termination of occupancy, andnotice of forwarding address; and■ Approved court forms.Whether you are a tenant or a landlord, when you sign a lease agreement, yousign a contract. You are contractually obligated to perform certain duties andassume certain responsibilities. You are also granted certain rights and protectionsunder the lease agreement.Rental-housing law is complex. I am grateful to the faculty and students of theMSU College of Law Housing Law Clinic for their detailed work and assistance incompiling the information for this booklet.Owners of mobile-home parks, owners of mobile homes who rent spaces in theparks, and renters of mobile homes may have additional rights and duties. Also,landlords and renters of subsidized housing may have additional rights and duties.It is my pleasure to provide this information to you. I hope that you find it useful.MSU College of Law Housing Law Clinic(517) 336-8088 rent@law.msu.edu www.law.msu.edu/clinics/rhcThis informational booklet is intended only as a guide—it is not a substitute for the services of an attorneyand does not constitute legal advice.

Table of ContentsCreating and Terminating Tenanciesand Understanding the LeaseA. THE TENANCYQ1 What are the types of tenancies?. ...................................................... 3Q2 Are there advantages and disadvantages to the different types of tenancies? ................ 4B. THE LEASEQ1 Are there advantages to a written lease? ................................................ 4Q2 What provisions should be included in the lease? ......................................... 4Q3 What provisions are prohibited by law from being included in the lease?. .................... 5Q4 What if the lease contains a provision that is prohibited by lawor is missing the required disclosure language?. .......................................... 5Q5 What other provisions can be included in the lease?. ...................................... 5Q6 How can a lease be terminated? ........................................................ 6Q7 What are the termination rights for senior citizens or persons incapable of independent living? 6Q8 What does “joint and several liability” mean? ............................................ 6Q9 Can a landlord raise the rent once the lease has started?. ................................. 6The Security DepositA. COLLECTING THE SECURITY DEPOSIT AT THE BEGINNING OF THE TENANCYQ1 Is there a limit on the amount that a landlord may collect as a security deposit? ............ 7Q2 What exactly is considered a security deposit?. ........................................... 7Q3 Is there a difference between a fee and a deposit? ....................................... 7Q4 Once collected, what must the landlord do with the security deposit?. ....................... 8Q5 Whose money is it anyway? ............................................................ 8Q6 What rights and responsibilities does the landlord havewith regard to the tenant’s security deposit?. ............................................ 8Q7 What is the point of the inventory checklist?. ............................................ 8Q8 Is it important to properly complete the inventory checklist?. .............................. 8B. RECOVERING THE SECURITY DEPOSIT AT THE END OF THE TENANCYQ1 What must the tenant do at the end of the lease?. ....................................... 9Q2 What must the landlord do at the end of the lease? ...................................... 9Q3 What must the tenant do when he or she receives the itemized list of damages? ............. 9Q4 What must the landlord do once he or she receives notice ofthe tenant’s dispute of the itemized list of damages? ..................................... 9Q5 Who must file suit—the landlord or the tenant—for the security deposit? .................... 9C. security deposit timeline 10SubleasingQ1 Does the landlord have to agree to the sublease? ......................................... 11Q2 If the tenant is to sublease, what exactly can be subleased? ............................... 11Q3 What duties does the original tenant have when subleasing? ............................... 11Q4 What about the security deposit? ....................................................... 12Q5 What if the subtenant stops paying rent? ............................................... 12Q6 Can the original tenant be released from the obligations under the lease? ................... 12Eviction ProceedingsA. STARTING THE EVICTION PROCESS—BEFORE GOING TO COURTQ1 What lawful reason(s) must be given to evict a tenant? ................................... 13Q2 If one roommate moves out and stops paying rent, can the other tenant(s) be evicted? ....... 13Q3 What is proper notice of eviction and how important is it? ................................ 13Q4 How much notice must be given to the tenant before the landlord may file suit? ............. 14Q5 Once the proper notice is prepared, how must it be delivered to the tenant? ................. 14(Rev. 9/2011)

Creating and Terminating Tenanciesand Understanding the LeaseRead the lease. Read the lease. Read thelease. When most people hear the term “lease”they think of the long sheets of paper writtenin very small type that they sign when theyagree to move in and rent an apartment orhouse. A lease contains a variety of legalterms. It is important to recognize and knowthe following terms of a lease and tounderstand the substance of the agreement.■ Landlord: The party agreeing to transferpossession and use of the rental property,usually the owner (but may also include anagent or employee of the owner, or amanagement company).■ Tenant: The party taking possessionand use of the rental property from thelandlord under a lease. A tenant’s right topossession and use is called a tenancy orleasehold.■ Lease (or Rental Agreement): Thecontract between the tenant and landlord,transferring possession and use of the rentalproperty. (See Sample Residential LeaseAgreement, page 32.) A lease can be written ororal, but a written lease provides the bestprotection for both the landlord and thetenant.■ Joint and Several Liability. If more thanone person signs the lease as a tenant, thelease may state that their obligations are “jointand several.” This means that each person isresponsible not only for his or her individualobligations, but also for the obligations of allother tenants. This includes paying rent andperforming all other terms of the lease.■ Escrow Account: A bank account orother account held by a third party, generallyestablished in the name of the tenant, intowhich whole or partial rent payments aredeposited to show that the tenant was ready,willing, and able to pay the rent—but iswithholding the rent until a certain problemis fixed that the landlord is legally responsiblefor fixing. Once the problem is fixed, theescrowed rent amount will be released to thelandlord.■ Plaintiff: A person who files a civil actionto seek judicial relief for some injury ordamage caused in violation of his or her rights.■ Defendant: A person against whom reliefor recovery is sought in a civil action.A. THE TENANCYQ1 What are the types of tenancies?While the lease refers to the written (ororal) agreement, the “tenancy” refers to theactual property right a tenant receives underthe lease. When the owner conveys to anothera lesser interest in the property for a term lessthan that of the owner’s for valuableconsideration (generally rent), thereby grantinganother use and enjoyment of his or herproperty during the period stipulated, thatcreates a tenancy. In Michigan, there are threetypes of tenancies:1. Fixed-Term Tenancy. This type of tenancyis created when the lease agreement specifieswhen the tenancy begins and when it ends.It terminates automatically at the end of theperiod specified. Generally, a written leaseprovides that if a tenant holds over after thefixed term expires, the tenancy shall beconsidered a month-to-month tenancy. On theother hand, if the lease does not so provide,and the parties acquiesce—i.e., tenant stays inpossession and landlord accepts the rent—thelease is considered renewed for the same fixedterm upon the same conditions.2. Periodic Tenancy OR Tenancy at Will.This type of tenancy is indefinite in duration. Itis created by actual or implied consent.Usually a month-to-month tenancy, the lease isconsidered renewed at the end of each rentalperiod (month-to-month or week-to-week,depending how often rent must be paid).Termination procedure is governed by statuteand requires notice.3. Tenancy at Sufferance OR HoldoverTenancy. This type of tenancy is created byoperation of law only. A tenant holdspossession after his or her legal right to3

Note: Two copies of an inventory checklistmust be provided to the tenant when he orshe takes possession of the rental property.(See Sample Inventory Checklist, page 41.)Q3 What provisions are prohibited by lawfrom being included in the lease?The Michigan Truth in Renting Actregulates residential leases—prohibiting certainclauses or provisions and prescribing penalties.A provision or clause in a lease that violatesthe Truth in Renting Act is void. In particular,a written lease shall not include a provisionwhich:1. Waives or alters a remedy available to aparty when the rental property is in acondition that violates the covenants offitness and habitability;2. Waives a right established under the lawsthat regulate security deposits;3. Unlawfully excludes or discriminatesagainst a person in violation of the lawsrelating to civil rights;4. Provides for a confession of judgment and/or warrant of attorney, e.g., requiring aperson to give up certain legal rights inadvance;5. Relieves the landlord from liability for thelandlord’s failure to perform a duty or fornegligent performance of a duty imposedby law (however, the landlord’s duty couldbe waived to the extent a tenant was ableto recover under an insurance policy forloss, damage, or injury caused by fire orother casualty);6. Waives or alters a party’s right to demanda jury trial or any other right of notice orprocedure required by law;7. Provides that a party is liable for legal costor attorney fees incurred by the otherparty in excess of costs or fees specificallypermitted by statute;8. Provides for the landlord to take a securityinterest in any of the tenant’s personalproperty to assure payment of rent orother charges, except as specificallypermitted by statute;9. Provides that rental payments may beaccelerated if the tenant violates a leaseprovision, unless that amount isdetermined by the court;10. Waives or alters a party’s right with respectto possession or eviction proceedings;11. Releases a party from the duty to mitigate(or minimize) damages;12. Provides that the landlord may alter a leaseprovision after the lease begins without thetenant’s written consent, EXCEPT: with30 days’ written notice, the landlord maymake the following types of adjustments, aslong as there is a clause in the leaseallowing for the adjustments:› changes required by federal, state, orlocal law, rule, or regulation;› changes in rules relating to the propertymeant to protect health, safety, andpeaceful enjoyment; and› changes in the amount of rental paymentsto cover additional costs incurred by thelandlord because of increases in propertytaxes, increases in utilities, and increasesin property insurance premiums.13. Violates the Consumer Protection Act(MCL 445.901 to 445.922) which listsmultiple unfair trade practices; or14. Requires the tenant to give the landlord apower of attorney.Q4 What if the lease contains a provisionthat is prohibited by law or is missingthe required disclosure language?A provision or clause in a lease thatviolates the Truth in Renting Act is void. Thelease is not void—only the prohibitedprovision. However, a landlord must fix theprohibited provision or add the requireddisclosure language within 20 days after thetenant brings the deficiency to the landlord’sattention in writing. If the landlord fails to fix itwithin the time specified, the tenant may bringan action to:› void the entire lease agreement;› make the landlord remove the prohibitedprovision from all lease agreements inwhich it is included; and› recover $250 per action (for prohibitedprovisions) or $500 per action (formissing disclosure provisions required bylaw), or actual damages, whichever isgreater.Q5 What other provisions can be includedin the lease?As long as a provision or clause does notviolate federal, state, or local laws, rules, orregulations, the parties can agree to almostanything and include it in the lease. It can beas outlandish as stating, “Only blue cars can5

e parked in the driveway.” Some specialprovisions to be aware of include:› Smoking: A landlord is free to prohibitsmoking in the rental property, as this wouldnot violate any state, federal, or local laws.› Pet Restrictions: A landlord may prohibitall pets in a rental unit. A landlord may chargea fee for having a pet. An exception here isthat a landlord may not prohibit a disabledindividual relying on a service animal fromhousing the animal.Q6 How can a lease be terminated?Fixed-Term TenancyThis type of tenancy is created when thelease agreement specifies when the tenancybegins and when it ends. It terminatesautomatically at the end of the periodspecified. A fixed-term lease ends on its ownwithout further action. However, many leasesinclude the provision that the lease convertsto a month-to-month tenancy at the end of thefixed term. Other leases state a sky-highincrease in rent—sometimes double—if thetenant stays beyond the fixed term.Periodic Tenancy OR Tenancy at WillThis type of tenancy is indefinite induration. It is created by actual or impliedconsent. Usually a month-to-month tenancy,the lease is considered renewed at the end ofeach rental period (month-to-month or week-toweek,depending on how often rent must bepaid). Termination procedure is governed bystatute and requires notice.Additionally, there are special terminationrights for senior citizens or persons incapableof independent living.RESIDENTIAL LEASE AGREEMENTNOTICE:Michigan law establishes rights and obligations forParties to rental agreements. This agreement is requiredto comply with the Truth in Renting Act. If you havea question about the interpretation or legality ofa provision of this agreement, you may want to seekassistance from a lawyer or other qualified person.We Agree That(Landlord’s Name(s))_______________________________________________________________,Leases To(Tenant’s Name)(1)________________________________________________(Tenant’s Name)(2)________________________________________________(Tenant’s Name)(3)________________________________________________(Tenant’s Name)(4)________________________________________________The Following Premises To Be Used For Private Residential Purposes Only(Street Address, City, State, and Zip Code)____________________________________________________________________________________For A TermNOTICE:Michigan law establishes rights and obligations for parties torental agreements. This agreement is required to comply with theTruth in Renting Act. If you have a question about the interpretation orlegality of a provision of this agreement, you may want to seekassistance from an attorney or other qualified person.Month-To-MonthBeginning ____________ ____, 20____, andBeginning ____________ ____, 20____.Ending ____________ ____, 20____.(a) JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligationsare joint and several. This means that each person is responsible not only for his or her individualobligations, but also for the obligations of all other Tenants. This includes paying rent and performing allother terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against theothers. Each Tenant must initial this paragraph: (1) ____, (2) ____, (3) ____, (4) ____.(b) RENT: Tenant must pay Landlord, as rent for the entire term, a total of $___________, being $_________each month, beginning ____, 20____, and the same amount on or before the 1 st day of eachsucceeding month. Rent must be paid and all communications must be sent to the Landlord at the followingaddress:_____________________________________________________________________________________(Street Address, Apartment, City, State, and Zip Code)©MSU-DCL(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) Page 1 of 5 PagesQ7 What are the termination rights forsenior citizens or persons incapable ofindependent living?Lease agreements entered into, renewed, orrenegotiated after June 15, 1995, must providespecial termination rights for senior citizensand persons incapable of independent living.These leases must allow the tenant who hasalready occupied a rental unit for more than13 months to terminate the lease with 60 days’written notice if either of the following occurs:1. Tenant becomes eligible to move into arental unit in senior-citizen housingsubsidized by a federal, state, or localgovernment program, OR2. Tenant becomes incapable of livingindependently, as certified by a physician ina notarized statement. (MCL 554.601a)Q8 What does “joint and several liability”mean?If more than one person signs the lease asa tenant, the lease may state that theirobligations are “joint and several.” This meansthat each person is responsible not only forhis or her individual obligations, but also forthe obligations of all other tenants. Thisincludes paying rent and performing all otherterms of the lease.Q9 Can a landlord raise the rent once thelease has started?Generally, the landlord may not alter alease provision after the lease begins withoutthe tenant’s written consent. There are, ofcourse, exceptions to this. With 30 days’written notice, the landlord may make thefollowing types of adjustments, as long asthere is a clause in the lease allowing for theadjustments:› changes required by federal, state, orlocal law, rule, or regulation;› changes in rules relating to the propertymeant to protect health, safety, andpeaceful enjoyment; and› changes in the amount of rental paymentsto cover additional costs incurred by thelandlord because of increases in propertytaxes, increases in utilities, and increasesin property insurance premiums.6

The Security DepositThe security deposit is an amount ofmoney paid by the tenant to the landlord otherthan the first rent payment (for whateverperiod is established in the lease: weekly rentpayment, monthly rent payment, semiannualrent payment, and so on). The security depositremains the tenant’s property, but is held bythe landlord for the term of the lease to ensurethat the tenant pays the rent due, pays theutility bills, and returns the rented property inproper condition, as required by the lease. It isheld as security as the name implies.Once the lease is terminated, the tenanthas the right to have the entire securitydeposit returned unless the landlord cansubstantiate a claim to it because the tenant:1. Owes unpaid rent;2. Owes unpaid utility bills; or3. Caused damage to the rented propertybeyond reasonable wear and tear.Under Michigan law, both a tenant and alandlord have duties and must perform specificacts regarding the security deposit.Understanding the duties and taking action arecrucial. The law requires mandatory noticeprovisions, written communications, mailings,and strict compliance with time limits. If theduties are not performed precisely, the tenantrisks losing the return of his or her securitydeposit and the landlord risks losing a claim toit. This chapter explains the duties and thenecessary actions that must be taken.A. COLLECTING THE SECURITYDEPOSIT AT THE BEGINNINGOF THE TENANCYQ1 Is there a limit on the amountthat a landlord may collect as asecurity deposit?Yes. The law states that a security depositshall not exceed 1 1 ⁄2 times the monthly rent.Example: If a landlord charges $500 amonth for rental property, the maximumthe landlord may collect as a securitydeposit is $750 ($500 x 1.5 = $750).Q2 What exactly is considered a securitydeposit?Any prepayment of rent—other than for thefirst full rental payment period established inthe lease—and any refundable fee or depositare considered by law to be part of thesecurity deposit.Sometimes the lease requires that both thefirst and last months’ rent be paid before atenant moves in. If this is the case, the lastmonth’s rent would be considered a securitydeposit. Sometimes, too, additional fees ordeposits are charged to hold the rentalproperty, for credit checks, for pets, forcleaning, for keys, for mailboxes, for storage,and for many other reasons. While these feesor deposits may not be called “securitydeposits” in the lease, if they are otherwiserefundable, they are still considered by law tobe part of the security deposit and subject tothe strict rules that Michigan has adopted—including the limit on the total amount that alandlord may collect.Q3 Is there a difference between a feeand a deposit?Yes. The law defines the term “securitydeposit” and limits the amount that may becollected (not to exceed 1.5 times the monthlyrent). Refundable fees are deemed—bydefinition—to be security deposits.Nonrefundable fees are not; and they can beassessed in any amount for any reason but thereason and matters covered by the fee must beclear. A nonrefundable fee may not covermatters also covered by refundable fees andmay be charged in any amount as long as thetanant accepts them by undertaking thetenancy.Example: The monthly rent is $500 andthe lease calls for a $750 security deposit.In addition to the security deposit, thelease calls for a $100 refundable snowremoval fee for “removing snow from anycommon area” and a nonrefundable $250community fee for “costs of landlordsponsoredsocial events and common-areasnow removal.” Because the $100 snowremoval fee is refundable, it would beconsidered part of the security deposit and7

violate Michigan law because the amountcollected for a security deposit wouldexceed the 1.5 times monthly rent limit.The nonrefundable $250 fee violatesMichigan law because it covers a matteralso covered by a refundable fee. If thelease, instead, required a nonrefundablesnow removal fee and a nonrefundablecommunity fee for “cost of landlordsponsoredsocial events,” it would, absentother contrary or confusing lease terms,be allowed.Q4 Once collected, what must the landlorddo with the security deposit?The landlord must either:a) Deposit the money with a regulatedfinancial institution (e.g., bank), ORb) Deposit a cash bond or surety bond, tosecure the entire deposit, with the Secretary ofState. (Note: If the landlord does this, he or shemay use the money at any time, for anypurpose.) The bond ensures that there ismoney available to repay the tenant’s securitydeposit.Q5 Whose money is it anyway?The security deposit is considered thelawful property of the tenant, until the landlordestablishes a right to it—generally by obtaininga judgment in a court of law.If the landlord sells the rental property, heor she remains liable with respect to thetenant’s security deposit until any ONE of thefollowing occurs:a) The landlord returns the deposit to thetenant, ORb) The landlord transfers the deposit to thenew owner and sends notice—by mail—to thetenant informing him or her of the new owner’sname and address, ORc) The new owner sends written notice oftheir name and address to the tenant AND thename and address of the financial institutionwhere the deposit is held AND the tenant’sobligation to provide a forwarding addresswithin 4 days of terminating occupancy.Q6 What rights and responsibilitiesdoes the landlord have with regardto the tenant’s security deposit?The landlord must provide the tenant withcertain notices. Within 14 days from the daythe tenant moves in, the landlord must providewritten notice of the following:a) The landlord’s name and address forreceipt of communications regarding thetenancy; ANDb) The name and address of the financialinstitution where the security deposit is held,OR the name and address of the suretycompany; and who filed the bond with theSecretary of State; ANDc) The tenant’s obligation to provide aforwarding address—in writing—within 4 daysafter the tenant moves out.Generally these notices are found in thelease itself. (See The Lease section; see alsothe model lease in the Appendices, whichdisplays all of these notices with the correctform and wording.)Q7 What is the point of the inventorychecklist?The checklist preserves some proof of thecondition of the property when the tenantmoved in. The landlord must provide thetenant at move-in with 2 blank copies of aninventory checklist, referencing all items in therental unit. The landlord must provide writtennotice on the first page of the checklist thatthe tenant must properly complete thechecklist, noting the condition of the property,and return it to the landlord within 7 daysafter moving in. (See sample, page 41.)The tenant may request a copy of thetermination inventory checklist (generallyreferred to as the itemized list of damagescaused by the previous tenant). If requested,the landlord must provide a copy to thetenant.Q8 Is it important to properly completethe inventory checklist?Yes. The checklist preserves some proof ofthe condition of the property when the tenantmoves in. If the tenant fails to properly fill outthe checklist, or fails to return it, and a disputeover damages to the property occurs at theend of the lease, it becomes the tenant’s wordagainst the landlord’s word.Further Recommendation:Take photos or video tape recordings of therental unit before leasing or moving in.8

C. Security Deposit TimelineSecurity Deposit Landlord’s Duties Tenant’s DutiesBeginning of Lease(generally move-in)MCL 554.602, 554.604, 554.605,554.608(2)Within 7 days from move-in(landlord and tenant may agree toa shorter period, but not a longerperiod)MCL 554.608(3)Within 14 days from move-inMCL 554.603Move-out(not necessarily the end of thelease)MCL 554.608(5)Within 4 day after move-outMCL 554.611Within 30 days after move-outMCL 554.609Within 7 days of tenant’s receiptof landlord’s itemized list ofdamagesMCL 554.612Within 45 days—not thereafter—of move-outMCL 554.613A security deposit, if required, shall notexceed 1 1 ⁄2 months’ rent.Deposit tenant’s security deposit in aregulated financial institution OR file asurety bond with the state.Provide tenant:1. A copy of the lease, and2. Two blank copies of the inventorychecklist.Recommendation: Keep tenant’scompleted checklist.Provide tenant in writing:1. Landlord’s name and address forreceipt of rent and communications;and2. Where tenant’s security deposit willbe held (name and address of thefinancial institution or surety bondcompany).3. Include specific statutory notice oftenant’s duty to provide forwardingaddress within 4 days of move-out.Complete a termination inventorychecklist, noting condition of rentalunit.Recommendation: Keep a copy oftenant’s forwarding address.Mail to tenant an itemized list ofdamages, with proper statutory noticeprovision claimed against tenant’ssecurity deposit accompanied by acheck or money order for thedifference. Only unpaid rent, unpaidutility bills, and damages to the rentalunit beyond reasonable wear and tearcaused by tenant may be claimedagainst the deposit (not cleaning fees).Watch for tenant’s response to theitemized list of damages by mail.To be entitled to keep the disputedamount of security deposit, file suitagainst tenant for damages—unless anexception applies.The security deposit is the lawfulproperty of the tenant.Recommendation: Read the lease(preferably before signing it) and allother information provided to youby the landlord. Request fromlandlord the inventory checklist and/or itemized list of damage reportfrom previous tenancy.Return to landlord the completedinventory checklist, noting conditionof rental unit (add pages ifnecessary); be sure to keep a copyyourself.Recommendation: Read theinformation provided to you by thelandlord.Recommendation: Remove allpersonal property, clean the rentalunit; turn in keys.Provide landlord in writing (notorally) your forwarding address.Recommendation: Watch for theitemized list of damages in the mail.Respond in detail, by ordinary mail,indicating agreement ordisagreement to the damagescharged.Be sure to count the days; the dateof mailing is considered the date ofresponse.If suit is filed, appear in court anddefend.Note: If suit is not filed, you mayfile suit for recovery of your securitydeposit.10

› Complying with the eviction laws andprocedures, in the event the originaltenant wants to remove the subtenantfrom the rental property.Repair and maintenance still remain theultimate duty of the original landlord. Becausethe subtenant, in a sublease, has norelationship with the original landlord, repairrequests will usually be made by the originaltenant. The original tenant makes a repairrequest to the landlord. This is not always thecase; many times, the landlord, in granting theoriginal tenant permission to sublease, will beaware of the subtenant’s presence and willrespond to his or her requests.Q4 What about the security deposit?Because nothing in the original leaseagreement changes when a tenant subleases toa subtenant, the original tenant’s securitydeposit will remain with the landlord. Thetenant may decide to collect a security depositfrom the subtenant to insure againstnonpayment of rent or utility charges ordamage to the rental property beyondreasonable wear and tear caused by thesubtenant. Remember that the original tenantremains responsible to the landlord under theoriginal lease. The original tenant’s securitydeposit could be at stake.Collecting a security deposit from thesubtenant. If the original tenant decides tocollect a security deposit from the subtenant,he or she would simply follow all of the normalsteps that any landlord would in collecting asecurity deposit. These include being timely inproviding proper notice, placing the securitydeposit in a financial institution, providinginventory checklists, and providing theitemized list of damages. (See Security Depositsection, page 7.)Q5 What if the subtenant stops payingrent?Two things may be done to help protectagainst this:(1) Require the subtenant to sign a writtensublease agreement that includes thesame language as the original leaseagreement; and(2) Require the subtenant to pay a securitydeposit to the original tenant.If the original tenant permits the subtenantto pay rent directly to the landlord, the tenantruns the risk of not knowing if the subtenant iscontinuing to meet the rental obligations.When the subtenant is required to pay rentdirectly to the original tenant—and the tenantpays the usual rent to the landlord—there ismuch less risk.If the subtenant stops paying the rent, thelandlord can hold the original tenantresponsible for missed payments. This amountcan be withheld from the original tenant’ssecurity deposit, as can charges for unpaidutility bills and damages beyond reasonablewear and tear caused by the subtenant. Thelandlord’s recourse is with the tenant underthe original lease, not the subtenant. Thetenant’s recourse is with the subtenant, underthe sublease.For this reason, it is risky to subleaserental property. Therefore, tenants should takeall necessary precautions to ensure that theyare subleasing to a financially responsiblesubtenant (e.g., running a credit check, askingfor a reference from a previous landlord).Q6 Can the original tenant be releasedfrom the obligations under the lease?Sometimes, yes. Subleasing can be acom plicated procedure, particularly if thetenant is leaving the area for the period of thesublease. There are two ways that a tenant canbe released from the obligations under thelease:1. By mutual agreement. Though it is rare, alandlord sometimes allows a tenant toterminate the lease early. Therefore, it is agood idea to talk to your landlord beforelooking for someone to sublease. (Note: Ifthe landlord does allow the tenant to breakthe lease, the tenant should be sure toreceive from the landlord a signed documentdescribing the agreement.)2. By assignment. Under an assignment, thenew tenant is substituted for the originaltenant. When this is done, the originaltenant is “cut-out” of the entire leaseagreement and the new person steps intohis or her shoes. Accordingly, the newtenant will be responsible for all obligationsunder the original lease, including rent,utilities, and damages—the original tenantwill be released of all obligations. (Note: Ifthe landlord does allow an assignment, thetenant should be sure to receive from thelandlord a signed document describing theassignment and the release of obligations.)12

Eviction ProceedingsIf the landlord wishes to remove a tenantfrom his or her rental property, the landlordmust use the eviction process. The process iscalled a Summary Proceeding, and it movesquickly to restore rental property to theperson lawfully entitled to possession.The process starts with notice—an evictionnotice—and may involve court appearancesand a trial. If the landlord is successful inproving his or her case, an Order of Evictionmay be issued and a court officer may removethe tenant and tenant’s personal items fromthe rental property. It is important toremember, however, that there are many stepsin the eviction process before the tenant isphysically removed—and most landlords andtenants reach a settlement long before thematter moves that far.The landlord must never forcibly removethe tenant (or occupant) himself or herself.This includes things like changing locks,turning off utilities, or some other act oromission that interferes with the tenant’s rightto possess, use, and enjoy the rental property.This is illegal.A. STARTING THE EVICTIONPROCESS—BEFORE GOING TO COURTQ1 What lawful reason(s) must be givento evict a tenant?There are nine reasons specified by lawthat would allow the landlord to start evictionproceedings:1. Nonpayment of rent;2. Extensive and continuing physical injury toproperty;3. Serious and continuing health hazard;4. Illegal drug activity on the premises and aformal police report filed (lease provisionmust allow for such termination);5. Violation of a lease provision and the leaseallows for termination;6. Forceful entry OR peaceful entry, withforceful stay OR trespass;7. Holding over after natural expiration of leaseterm;8. “Just cause” for terminating tenant of mobilehome park (“just cause” is defined for thispurpose by MCL 600.5775); OR9. “Just cause” for terminating tenant ofgovernment-subsidized housing.(Note: “Just cause” is defined by statute,see MCL 125.694a and 600.5714.)Several of the lawful reasons describeprohibited behavior. One reason includes,“Violation of a lease provision.” This could beany provision agreed to by the parties whenthe lease was signed. For example, it could beas silly as, “Only red cars may be parked inthe driveway.” If the tenant signed the lease,and if the tenant later buys a blue car, he orshe cannot park it in the driveway withoutviolating that provision of the lease. If thelease also includes a provision that allows thelandlord to terminate the lease, the landlordcould seek to evict the tenant on that basis.Q2 If one roommate moves out and stopspaying rent, can the other tenant(s)be evicted?It may seem harsh and unfair but, yes, theother tenant(s) who are still paying rent maybe evicted. The landlord is lawfully entitled toreceive the full rent amount. Who ever signs thelease will be bound by its terms andconditions. If a “joint-and-several liability”clause is in the lease, who actually pays whatamount is of no concern to the landlord.Most leases include a provision that holdsall tenants “jointly and severally liable” for anyand all violations of the lease. This means thateach person is responsible not only for his orher individual obligations, but also for theobligations of all other tenants. This includespaying rent and performing all other terms ofthe lease. Therefore, if only one tenant stopspaying the rent (or violates any other provisionof the lease agreement), the landlord maychoose to evict any or all of the tenants. Inaddition, the landlord may choose to collectthe rent or other money for damages incurredfrom any or all of the tenants.Q3 What is proper notice of eviction andhow important is it?Proper notice is very important. Notice—due process—safeguards and protectsindividual rights provided by law. If thelandlord wishes to remove a tenant from his orher rental property, the landlord must use the13

eviction process—and it begins with propernotice. Before a court will enter a landlord’srequest for an Order of Eviction, the tenantmust have been given a proper eviction notice.Many times the rental problem can be fixedwith nothing more than the eviction notice. Forexample, if the tenant simply forgot to pay therent, the notice may simply serve as areminder—and once he or she pays the rent,the eviction process ends.The eviction notice may take many forms.It must state that the landlord intends to evictthe tenant, within a specified time (either24 hours or 7 days or 30 days), because of aspecified reason or problem—otherwise, courtaction will be taken. The notice may allow thetenant time to correct the problem (like payingthe rent, if nonpayment of rent is the reasonfor eviction).The eviction notice MUST include certaininformation or the notice is not proper. Whilemany district courts provide standard evictionforms, a letter can accomplish the same aslong as it contains all of the following:› Tenant’s name;› Address or rental property description;› Reason for the eviction;› Time to take remedial action;› Date; and› Landlord’s signature.Q4 How much notice must be given tothe tenant before the landlord mayfile suit?Each reason for eviction has a specificamount of time that MUST pass before thelandlord may commence a lawsuit—either24 hours or 7 days or 30 days.A 24-HOUR NOTICE is required for thefollowing reason:Illegal drug activity on the premises and aformal police report filed (lease provision mustallow for termination).A 7-DAY NOTICE is required for thefollowing reasons:a) Nonpayment of rent;b) Extensive and continuing physical injuryto property;c) Serious and continuing health hazard.A 30-DAY NOTICE is required for thefollowing reasons:a) Violation of a lease provision and thelease allows for termination for that violation;b) Forceful entry OR peaceful entry, withforceful stay OR trespass;c) Holding over after natural expiration oflease term;d) “Just cause” for terminating tenant ofmobile home park;e) “Just cause” for terminating tenant ofgovernment-subsidized housing.Q5 Once the proper notice is prepared,how must it be delivered to thetenant?Once the eviction notice is prepared, itmust be properly delivered to the tenant. Theeviction notice MUST be delivered:a) In person to the tenant; ORb) At the rental property, to a member ofthe tenant’s household—of suitable age—requesting that it be delivered to the tenant;ORc) By first-class mail, addressed to thetenant.If the notice is delivered personally, thetime of the notice begins to run the next day.If the notice is mailed, the time begins the nextmail delivery day (not a Sunday or holiday).The eviction notice is not the same as anOrder of Eviction. A tenant is not required tomove when the eviction notice expires—he orshe may have a valid defense to the landlord’sreason for eviction. Expiration of the 24-houror 7- or 30-day time period only enables thelandlord to file a lawsuit.Remember: Only a court officer mayremove the tenant and tenant’s personalitems from the rental property—and onlyunder court order.B. TAKING THE ACTION TO COURTQ1 What must the landlord do to begina lawsuit for eviction?If some agreement or understanding cannotbe worked out by the parties, and if theeviction notice has been properly deliveredand the 24-hour or 7- or 30-day time period haspassed, the landlord may commence alawsuit—known as a Summary Proceedingsaction. This section will outline how thelandlord may bring an action, and what thetenant can expect when being sued.The Paperwork. The paperwork necessaryto begin a lawsuit includes the following:a) Complaint;14

) Copy of the Notice of Eviction (attachedto the Complaint);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 onlythis court has jurisdiction over evictionproceedings. A lawsuit for eviction is filed inthe district court in the county where therental property is located. Sometimes, thedistrict court’s jurisdiction borders are thesame as the municipal borders, but this is notalways the case. Check with the local court todeter mine the proper district court for yourlawsuit.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: This delivery method differs slightlyfrom delivery 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, either24 hours or 7 days or 30 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.15

Q2 What must the tenant do afterreceiving the Complaint?The lawsuit for eviction is like any otherlawsuit. Once a Complaint is received, thetenant MUST APPEAR AND ANSWER by thedate on the Summons. The time period isshort—generally 3-10 days. The tenant mustanswer either in person, orally, or by filing awritten response addressing each of theallegations in the landlord’s Complaint. Thetenant’s answer generally objects to thelandlord’s reason(s) for the eviction andexplains why the court should not evict thetenant from the rental property. Also at thistime, the tenant can state a counterclaim withthe answer and request a jury.Q3 What happens if the tenant fails toappear and answer after receivingthe Complaint?If the tenant does not appear at the districtcourt as commanded in the Summons, adefault judgment—giving possession of therental property back to the landlord—will beentered against the tenant. And 10 days later,at the landlord’s request, the court will issuean Order of Eviction and a court officer willphysically remove the tenant and the tenant’spersonal items from the rental property.Additionally, the court may enter a moneyjudgment against the tenant. This would allowthe landlord to begin collection proceedings,which may include garnishment of wages, bankaccounts, and tax refunds. It may also includeexecution against the tenant’s personalproperty, like his or her automobile. Further, amoney judgment may appear on the tenant’scredit report, hindering his or her ability to geta loan or a credit card.Notice to the tenant: Do not fail to appearand answer!Q4 Once a lawsuit is started, canthe parties still try to negotiate ormediate an agreement?Up until trial, the parties may reach anagreement and settle the case themselves ORthey may decide to resolve their disputethrough mediation.Community Mediation. Parties can chooseto mediate before or after a lawsuit is filed.Mediation is an alternative dispute resolutiontechnique that is voluntary, empowering,confidential, convenient, effective, andprovided at little or no cost. (See pages 21-22for the names, locations, and phone numbersof the Michigan Community Mediation Centersthat can be contacted for assistance.)Q5 If the parties reach an agreement,do they still have to appear in court?At any time before trial, the landlord andtenant may decide to work out a compromise.In fact, most lawsuits for eviction end incompromise—minutes before trial. The partiesmay either:a) Sign an agreement called a “ConsentJudgment,” putting an end to the case byconsent and by order of the judge; ORb) Agree to a dismissal subject to somecondition (e.g., tenant paying rent by aparticular day, tenant voluntarily vacating therental property by a particular day). Once thecondition is satisfied, the judge will order thedismissal.If a Summons has been issued, the tenantmust show up at the court. If an agreement isreached, the court must be notified. Whetherthe landlord and tenant must appear beforethe judge to put their agreement on the recordis up to the judge.Q6 What possible defenses to a lawsuitfor eviction might a tenant have?If the tenant has exhibited certain lawfulbehavior, Michigan law provides the tenantwith a number of defenses—even if thelandlord can prove any of the nine reasons fora lawful eviction. The most common defensesare:(1) A claim of retaliatory eviction. Thereexists a presumption of retaliation if thelandlord started the eviction proceedingswithin 90 days of the tenant trying to enforcehis or her rights under law (e.g., reportinghealth and safety code violations, exercisingrights under the lease, filing a complaintagainst the landlord for violation of the law,or joining in membership in a tenants’organization).(2) Full payment of the rent due. After alawsuit for nonpayment of rent was filed, thetenant may have actually paid the total amountof rent due.(3) Landlord’s breach of the warranty ofhabitability and duty to repair. The landlordmust have been provided with notice of theproblem, generally in writing, and must havebeen given a reasonable amount of time to fix16

the problem. If a portion of the rent waswithheld for the purpose of addressing themaintenance or repair issue(s), it must havebeen deposited into an escrow account. (Thatportion of rent must reasonably relate to thecost of repair or to the damage that the tenantincurred because of the problem.) The tenantmust show that “but for the repair andmaintenance required, he or she was ready,willing, and able to pay the rent.”Having a defense and being able to proveit are two different things. If the tenant issuc cess ful in offering his or her proofs, thetenant is generally allowed to remain inpossession of the rental property. The Courtmay not order eviction if the Court believesthat the tenant complied with the law andacted only to protect his or her rights, eventhough the landlord may have had a lawfulreason to evict.Q7 What can the parties expect to seehappen at trial?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 jury)will 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,pages 13 and 16, respectively.)After both parties have had an opportunityto offer their proofs to the judge (or jury), adecision will be made either for the landlord(to regain possession) or for the tenant (toremain in possession).Q8 If the landlord wins the lawsuit foreviction, how soon can the tenant andhis/her personal property be removed?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 theprevailing landlord request that the judge issuean Order of Eviction. However—even then—Michigan law does not allow the landlord toforcibly remove the tenant or the tenant’sproperty. Only an officer of the court, by ajudge’s order, can remove the tenant andtenant’s property from the rental property; andthat officer is generally the sheriff or someonefrom the sheriff’s office. This is calledexecuting the Order of Eviction, and there islittle the tenant can do but start packing.Q9 Can the tenant be evicted and stillforced to pay money damages tothe landlord?Yes. In addition to regaining possession ofthe rental property, the judge (or jury) 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.(See Eviction Timeline, pages 18-19.)17

C. Eviction TimelineEvictionSome incident gives rise for eviction.MCL 600.571424-HOUR NOTICE is required for the followingreason:Illegal drug activity and formal police report filed(lease provision must allow for termination).7-DAY NOTICE is required for the following reasons:a) Nonpayment of rent;b) Extensive and continuing physical injury toproperty;c) Serious and continuing health hazard.30-DAY NOTICE is required for the following reasons:a) Violation of a lease provision and the lease allowsfor termination;b) Forceful entry OR peaceful entry, but forceful stayOR trespass;c) Holding over after natural expiration of lease term;d) Just cause for terminating tenant of mobile homepark;e) Just cause for terminating tenant of governmentsubsidizedhousing.BEGIN THE LAWSUIT:After the time period in the notice has expired—either 7 days or 30 days—if things cannot be workedout:File with the district court and serve on the tenant aSummons and Complaint.MCL 600.5735Landlord’s DutiesProvide 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 take remedial 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 member of tenant’shousehold—of suitable age—requesting that it bedelivered to the tenant, ORc) By sending it through first-class mail addressed tothe tenant.The Summons. The Summons commands the tenantto appear at the court for trial.Michigan Court Rule 4.201(C)Form DC 104 (from the court)The Complaint. The Complaint gives further notice ofthe cause of action, or grounds, for the eviction.Landlord MUST attach the following:a) A copy of the Lease; ANDb) A copy of the notice of intent to evict—statingwhen and how it was delivered.Michigan Court Rule 4.201(B)Forms DC 102a, DC 102C (from the court)The Summons and Complaint MUST be delivered(and proof of how and when they were delivered mustbe filed with the court) to the tenant BY MAIL ANDONE OTHER WAY:a) Personally, ORb) Sent by mail—certified, return-receipt, restricteddelivery, ORc) At the rental property, to a member of tenant’shousehold—of suitable age—requesting that it bedelivered to the tenant, ORd) After diligent attempts at personal service, bysecurely attaching the papers to the main entranceof the rental property unit.Michigan Court Rule 4.201(D)Tenant’s DutiesRead the notice. Certain reasons for eviction can becured (e.g., nonpayment of rent can be cured bypaying the rent). Certain other reasons cannot becured and tenant must move out (e.g., breach of lease,illegal drug activity). Otherwise, you may be sued.Recommendation: Contact the landlord to peacefullydiscuss his or her reasons for eviction. Try to workthings out to remain in the rental property.The Summons will have a date and time ordering thetenant to appear in court. As the Summonscommands, you MUST appear at the court for thishearing.You MUST appear and answer the Complaint by thedate on the Summons. You can do this either inwriting OR orally at the hearing.Recommendation: It is best to contact an attorney tohelp you through this process.18

C. Eviction Timeline (continued)EvictionTRIAL: Within 10 daysthere will be a trial/hearing.Michigan Court Rule4.201(F)If either party appearswithout an attorney, butrequests to retain one,the judge will generallyadjourn the trial/hearing for 7 days.JUDGMENT: After trial,the judge will render adecision either in favorof the:a) Landlord (evicting thetenant), ORb) Tenant (allowing himor her to remain inpossession).A money award may alsobe entered for damagesincurred by either party.Michigan Court Rule4.201(K)APPEAL: Within 10days after judgment,either party may appealthe judge’s decision. Theparty appealing thejudge’s decision mustpay an appeal bond,filing fees, and transcriptfees to preserve theappeal and stop the Writof Eviction from beingissued.Michigan Court Rule4.201(N)EVICTION: After 10days—a Writ of Evictionmay be requested,issued, and executed.MCL 600.5744(4);Michigan Court Rule 4.201(L)Issuance: Issuance mustoccur within 56 days afterjudgment is entered andmust be executed no laterthan 56 days after the writ isissued.Important: Certainsituations may allowissuance of a Writ ofEviction Immediately.MCL 600.5744(2)Landlord’s DutiesYou have a right to anattorney; you may askfor time to retain one.Generally, the judge willadjourn for 7 days. Youhave a right to a jurytrial; however, you mustdemand it in theComplaint and pay thejury fee. (The fee startsat $40 and goes updepending on the amountin controversy.)Provide testimony,documents, and otherevidence to show thatyou are lawfully entitledto recover possession ofyour rental property.If judgment is for you,the landlord, it mayinclude an award for anymoney due and for costs.You may begincollections on the moneyjudgment if tenant doesnot otherwise pay orappeal. You will have towait to regain possessionby requesting a Writ ofEviction.MCL 600.5741If judgment is for thetenant, he or she mayremain in possession ofyour rental property.Decide quickly whetherto appeal.Once the sheriff executesthe Writ, you regainpossession of your rentalproperty.Tenant’s DutiesYou must appear andanswer the Complaint.You have a right to anattorney; you may askfor time to retain one.Generally, the judge willadjourn for 7 days. Youhave a right to a jurytrial; however, you mustdemand it in your firstresponse—written ororal—and pay the juryfee. (The fee starts at $40and goes up dependingon the amount incontroversy.)Defending landlord’sclaim may require you totestify and providedocuments and otherevidence of why youshould be entitled toremain in possession ofthe rental property.If judgment is for you,the tenant, you mayremain in possession ofthe rental property.MCL 600.5747If judgment is for thelandlord, you musteither:a) Make full payment (ifthe eviction can becured by payment),ORb) Settle the dispute, ORc) Move out, ORd) Appeal the judge’sdecision.Decide quickly whetherto appeal.If the reason for theeviction wasnonpayment of rent, fullpayment of the rent, plusfees and costs awarded,may stop the issuance ofthe Writ of Eviction.Partial payment will notstop the issuance of theWrit.WARNING: Otherreasons for eviction maynot be cured by paymentand you must move outbefore the sheriffexecutes the Writ andmoves things out foryou.FROM START TO FINISH—IT CAN TAKE AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT!19

COMMUNITY MEDIATION CENTERS IN MICHIGANThe following centers provide conciliation, mediation, and other forms of dispute resolution underMichigan's Community Dispute Resolution Act.BERRIEN, Branch, Cass, St. Joseph,Van BurenCitizens Mediation Service, Inc.811 Ship Street, Suite 205St. Joseph, MI 49085Phone: (269) 982-7898Fax: (269) 982-7899Website: www.citizensmediation.orgGOGEBIC, Baraga, Dickinson, Houghton,Iron, Keweenaw, OntonagonWestern UP MediatorsP.O. Box 327100 W. Cloverland Drive, Suites 2-3Ironwood, MI 49938Phone: (906) 932-0010Fax: (906) 932-0033CHARLEVOIX, EmmetCitizen Dispute Resolution Service, Inc.Northern Community Mediation415 State StreetPetoskey, MI 49770Phone: (231) 487-1771Fax: (231) 487-1770Website: www.thedisputeresolutioncenter.orgCHIPPEWA, Luce, MackinacEastern UP Dispute Resolution Center, Inc.P.O. Box 505Sault Saint Marie, MI 49783Phone: (906) 253-9841Fax: (906) 253-9844Website: www.eupmediate.comGRAND TRAVERSE, Antrim, Benzie, Leelanau,Missaukee, WexfordConflict Resolution Services, Inc.852 South Garfield Avenue, Suite BTraverse City, MI 49686Phone: (231) 941-5835Fax: (231) 941-4530Website: www.CRSmediationTC.orgINGHAM, Clinton, Eaton, Gratiot, Ionia,ShiawasseeResolution Services Center of Central Michigan229 North Pine StreetLansing, MI 48933Phone: (517) 485-2274Fax: (517) 485-1183Website: www.rsccm.orgDELTA, Menominee, SchoolcraftResolution Services ProgramUPCAP Services, Inc.P.O. Box 606Escanaba, MI 49829Phone: (906) 789-9580Fax: (906) 786-5853Website: www.upcap.orgJACKSON, Hillsdale, Lenawee, MonroeSoutheastern Dispute Resolution ServicesUnited Way of Jackson County536 N. Jackson StreetP.O. Box 1345Jackson, MI 49204Phone: (517) 990-0279Fax: (517) 784-2340Website: www.uwjackson.orgGENESEE, Arenac, Bay, Clare, Gladwin,Midland, Ogemaw, Roscommon, SaginawCommunity Resolution Center315 East Court Street, Suite 200Flint, MI 48502Phone: (810) 249-2619Fax: (810) 239-9545Website: www.mediation-crc.org/KALAMAZOO, Barry, CalhounDispute Resolution ServicesGryphon Place1104 South Westnedge AvenueKalamazoo, MI 49008Phone: (269) 552-3434Fax: (269) 381-0935Website: www.gryphon.org21

KENT, Isabella, Lake, Mecosta, Montcalm,Newaygo, OsceolaDispute Resolution Center of West MichiganCommunity Reconciliation Center678 Front Avenue, NW, Suite 250Grand Rapids, MI 49504-5368Phone: (616) 774-0121Fax: (616) 774-0323Website: www.drcwm.orgOTTAWA, AlleganMediation ServicesCenter for Dispute ResolutionCourthouse Square68 West 8th Street, Suite 140Holland, MI 49423Phone: (616) 399-1600Fax: (616) 399-1090Website: www.mediationsolvesconflicts.orgMACOMB, St. ClairThe Resolution Center176 S. Main Street, Suite 2Mt. Clemens, MI 48043Phone: (586) 469-4714Fax: (586) 469-0078Website: www.theresolutioncenter.comMARQUETTE, AlgerMarquette-Alger Resolution Service715 W. Washington Street, Suite AMarquette, MI 49855Phone: (906) 226-8600Fax: (906) 226-5399Website: www.marsmediation.orgMUSKEGON, Manistee, Mason, OceanaWestshore Dispute Resolution Center27 East Clay AvenueMuskegon, MI 49442Phone: (231) 727-6001Fax: (231) 727-6011Website: www.mediatewestmichigan.comOAKLANDOakland Mediation Center, Inc.550 Hulet Drive, Suite 102Bloomfield Hills, MI 48302Phone: (248) 338-4280Fax: (248) 338-0480Website: www.mediation-omc.orgTUSCOLA, Huron, Lapeer, SanilacCenter for Dispute ResolutionHuman Development Commission429 Montague AvenueCaro, MI 48723-1997Phone: (989) 672-4044Fax: (989) 673-2031Website: http://hdc-caro.org/WASHTENAW, LivingstonDispute Resolution Centers of Michigan, Inc.The Dispute Resolution Center110 N. Fourth Avenue, Suite 100P.O. Box 8645Ann Arbor, MI 48107-8645Phone: (734) 222-3745Fax: (734) 222-3760Website: www.thedisputeresolutioncenter.orgWAYNEWayne Mediation CenterGarrison Place19855 W. Outer Drive, Suite 206 - East Bldg.Dearborn, MI 48124Phone: (313) 561-3500Fax: (313) 561-3600Website: www.mediation-wayne.orgOTSEGO, Alcona, Alpena, Cheboygan,Crawford, Iosco, Kalkaska, Montmorency,Oscoda, Presque IsleCommunity Mediation ServicesOtsego CountyUnited Way Building116 5th StreetGaylord, MI 49735Phone: (989) 732-1576, (989) 705-1227Fax: (989) 705-1337Website: www.otsego.org/cms22

Small Claims CourtIf you feel an individual or a business hastreated you unfairly and you believe they oweyou money, there is something you can doabout it. If your community has a mediationprogram, you and the person with whom youare having a dispute can try to work theproblem out with the help of a neutralmediator. If you cannot resolve your probleminformally through mediation, you can file alawsuit in small claims court for up to $3,000.This information tells you how to file a smallclaims case.Q1 What is a small claims lawsuit?In the small claims division of the districtcourt, you can bring a lawsuit against anyonewho owes you money. You can sue a personwho or business that has caused damage toyour property or possessions. The maximumyou can collect through a judgment in smallclaims court is $3,000. Small claims courts aredesigned to operate informally and withoutattorneys present. If you feel you need anattorney to represent you, the matter must befiled in district court. In small claims court yourepresent yourself, speak directly to the judgeor attorney magistrate, provide your ownevidence, and have any witnesses you wishspeak for you. You do not need to know thelaw before you appear for a hearing.You simply tell the judge why you feel thatsomeone owes you money and the person orbusiness you are suing has the opportunity totell their side of the case. After hearing bothsides, the judge will decide whether money isowed to any party and, if so, how much.When deciding whether to file a claim,consider whether the person you are suing hasany income. Even if the judge grants you ajudgment, if the person you sued has noincome, it will be difficult for you to collectany money. You might want to check this outbefore you invest your time and money in filinga claim. Also consider whether mediationwould better resolve your problem.Q2 Why not try mediation before startinga lawsuit?Filing a lawsuit in court should be used asa last resort. Make sure you have discussedyour problem with the person or business youare thinking about suing. In many cases, peopleand businesses do not know that someone hasa dispute with them until they receive courtpapers. If talking the problem over does notwork, consider using mediation instead ofgoing to court.Mediation is a process in which two ormore people involved in a dispute meet in aprivate, confidential setting and, with the helpof a trained neutral person, work out asolution to their problem. Mediation is fast,either free or low cost, and effective inresolving many disputes including landlord/tenant, consumer/merchant, and neighborhooddisputes. In most cases, a mediation meetingcan be set up within 10 days, and 90 percentof all cases in which both parties to a disputeagree to use a mediation service result inagreements acceptable to all sides. If you canwork out your dispute in mediation, you maynot need to go to court. Ask the clerk of yourlocal district court if a mediation program isavailable in your area.Q3 How does a lawsuit begin?If you cannot resolve your dispute throughmediation, you can file a claim against theperson or business in the small claims divisionof district court. Your case must be filed in thecity or county where the transaction in disputetook place, or where the person or businessyou are suing is located. If you are suing morethan one person or business, the suit may befiled in the district court in which any of thepersons live or where any of the businesses dobusiness.At court, tell the clerk you want to file asmall claims case. You will be given an affidavitand claim form to fill out. On the form, youname the person or business you are suingand list reasons why you are suing and theamount for which you are suing.23

There is a cost for filing a small claim,which includes postage or service fees; youwill need to contact the court for thisinformation. Be sure to bring this amount withyou when you file your claim. The amount canbe made a part of the judgment if the judgedecides in your favor.After you have filed your claim, the courtwill notify the other party that you have filed aclaim against them and the date they are to bein court. The defendant may respond beforethe hearing.The defendant may offer to settle out ofcourt after learning you have filed a suit. If yousettle the matter out of court, you can eithervoluntarily dismiss your lawsuit or obtain ajudgment. If you want an enforceable judgment,the terms of your agreement must be spelledout in writing and signed by both you and thedefendant. A copy of the agreement must befiled with the court.Q4 What happens when you are sued inSmall Claims Court?If you are served with court papers fromthe small claims court, you are called thedefendant. You have several ways to respondto the affidavit and claim you have received.If you want to deny the claim, you musteither answer the complaint before the hearingdate or appear in court on the hearing date,bringing with you any evidence you have tosupport your denial. If you want an attorney torepresent you, you must tell the court at orbefore the hearing; the case will be transferredfrom small claims court to the regular districtcourt.If you have a claim against the person whois suing you, you can also file a counterclaim.Your written counterclaim should be filed withthe court and served by first-class mail to theperson suing you.If you fail to appear for the hearing, thecourt may enter a default judgment againstyou. This means the judge may grant ajudgment for the plaintiff without hearing yourstatement.The entry of a judgment may appear onyour credit report.Q5 Is it necessary to prepare forthe hearing?On the hearing date, any of the followingmay happen:1. If both the person filing the lawsuit andthe defendant appear, the judge mayrecommend that the parties go to mediationand the case may be adjourned. If either partydoes not want to try mediation, the hearingmay proceed.2. If the party filing the lawsuit does notappear, and the defendant does appear, thecase will be dismissed.3. If the defendant does not appear, theperson filing the lawsuit may ask for a“default” judgment. This means that, if thejudge decides you have a good claim, you canobtain a judgment without a hearing since theperson or business you are suing did notappear to challenge your claim.When you go to court for a hearing, takewith you all the evidence you believe provesyour claim. This might include a sales receipt,guarantee, lease, contract, or accident report.If a damaged article is too big to bring withyou, photographs can be presented asevidence. Any witnesses you would like tospeak on your behalf should appear in court aswell.Remember, a judge or attorney magistratewill hear a small claims case; you have noright to a jury trial, and the hearing will not berecorded.Either party has the right to ask that thecase be heard in the general district court. Thecourt will notify the person filing the lawsuit ifthe defendant makes such a request. In thedistrict court, both you and the defendanthave the right to be represented by anattorney. Whoever loses the case may be askedto pay for court costs and attorney fees.Unless defendants are prepared for the extraexpense, they usually agree to have thehearing in the small claims division.24

Q6 What happens at the hearing?The hearing will usually take place at thecourt where you filed your claim. It isimportant to be there on time; if you filed thelawsuit and are not in court when your case iscalled, the case may be dismissed. If you arethe defendant and are not in court when yourcase is called, a default judgment may beentered against you. Bring all of your relevantpapers or other evidence and make sure yourwitnesses will be on time.The court clerk will call your case and youand the defendant will appear before the judgeor magistrate. The judge will ask you to stateyour claim. Take your time and tell whathappened in your own words and why youthink the person or business you are suingowes you money. Show the judge yourevidence and introduce any witnesses youhave. The witnesses will be allowed to tell thejudge what they know about the case.When you have finished, the person orbusiness you are suing will have anopportunity to explain their side of the case.Listen carefully. If you think the defendant isleaving something out or is misstating facts, besure to tell the judge.A judge’s decision is final. Neither you northe defendant can appeal to a higher courtonce the judge has made a decision in thesmall claims division; although, on petition byeither party, the same judge may reopen thecase in the small claims division. Either partymay appeal a magistrate’s decision. The casewould be rescheduled before a judge and bothparties would explain their case again.Q7 If you win, how do you collectyour money?If you obtain a judgment against thedefendant, the court will provide instructionsregarding post-judgment collections. Thedefendant may pay the judgment plus courtcosts immediately after the hearing, but if heor she does not have the money to pay rightaway, the judge may allow a reasonable time topay and may set up a payment schedule. If thedefendant fails to pay the judgment whenordered, you must go back to the court andfile additional papers to collect on thejudgment by having their wages or bankaccount garnished or property seized. Thiscannot occur until 21 days after the judgmentis entered. As part of the judgment, thedefendant must provide information to thecourt that can be used in post-judgmentcollection efforts.The Small Claims Court section was supplied by theState Court Administrative Office under a grant from theState Justice Institute and in cooperation with the StateBar of Michigan. Points of view expressed are those ofthe Michigan State Court Administrative Office and donot necessarily reflect the official position or policies ofthe State Bar or the State Justice Institute. TP-2 (12/99)25

Repair and MaintenanceRepair and maintenance problems rangefrom things that are merely annoying to thingsthat pose an immediate threat to health andsafety. Both the landlord and the tenant havesome responsibility for maintenance.There are three types of maintenanceproblems:1. Emergencies require action within24 hours and pose an immediatethreat to the health and safety of theoccupant(s)—gas leak, flooding, defectivefurnace, or major roof damage;2. Major problems affect the quality of theresidential environment, but not to thedegree that the life of the occupant(s) isimmediately endangered—defectivewater heater, clogged drain, heatingproblem in part of a house; and3. Minor problems fall into the nuisancecategory—defective lighting, locks;dripping faucets; household pests;peeling paint and wallpaper.A. RESPONSIBILITIES ARESHARED WHEN MAINTAININGA RENTAL PROPERTYQ1 What are the landlord’sresponsibilities?Under Michigan statute, the landlord has aduty to keep the rental property and allcommon areas:a) Fit for the use intended by the parties;andb) In reasonable repair during the term ofthe lease; andc) In compliance with the health and safetylaws (MCL 554.139).Whether the landlord is required to repaira problem depends on two factors: the natureof the problem itself and whether thelandlord’s duty to repair has been modified—either by the tenant’s conduct or by mutualagreement.Unfortunately, the term “reasonable repair”is not defined by law—it is a question of factand if litigated, would be decided by the judge(or jury). While it would certainly bereasonable for a landlord to fix a clogged drainor defective water heater, it may not bereasonable to require the landlord to repair aminor chip in a countertop or peelingwallpaper.The landlord is relieved of the duty torepair and comply, if the tenant’s willful orirresponsible conduct or lack of conduct hascaused the disrepair or violation of health orsafety laws.The landlord and the tenant may—bymutual agreement—modify these duties and26

make the tenant responsible for repairs, butonly if the lease agreement has a current termof at least one year. In other words, if the leaseterm is less than one year, the landlord’s dutycannot be modified.Additionally, almost all courts recognizethat implied in a residential lease agreement isthe understanding that the rental propertymust be fit for habitation by humans. Thismeans that the rental property must meetsome minimum level of standard so as not toexpose the occupants to unreasonable healthrisks. This implied duty cannot be modified orwaived.In addition to state law requirements,counties and municipalities are free to enactordinances that require landlords to maintainrental property above minimum habitabilitystandards. Most municipalities have a housingcode protecting the health, safety, and welfareof their citizens. Some require that the rentalproperty be inspected on a regular basis. Someeven require licensing before a tenant canmove in. Check with the local city or countygovernment code enforcement office foradditional standards imposed on landlords inmaintaining their rental property.Q2 What are the tenant’s responsibilities?Although responsibilities can be modifiedin certain instances—by mutual agreementbetween the landlord and tenant—a tenant isgenerally expected to:1. Pay rent on time;2. Keep the rental property in a safe andsanitary condition;3. Promptly notify the landlord ofmaintenance problems;4. Exterminate insects that appear if theywere not there when the tenant moved in; and5. Leave the rental property in goodcondition—reasonable wear and tear excepted.B. IMPORTANT STEPS TO TAKE INSOLVING THE PROBLEM(S)Depending on the problem, requesting thata repair be made could be as simple as a quickphone call or as complicated as filing a lawsuit.Outlined next are the recommended steps totake to solve a repair and maintenanceproblem:STEP 1: Notify the landlord and providereasonable time for repair.Keep it simple. The tenant must notify thelandlord and explain the situation, theimportance of the repair, and when he or shewould like it done. A phone call usually works.Sometimes, however, the landlord requires thata specific form or repair order be filled outbefore proceeding. Read the lease and talk towhoever is in charge and figure out the bestcourse to take. Keep copies of communicationsand keep notes of discussions. Municipalitieshave enacted housing codes—establishingminimum standards—to protect the rights ofboth the landlord and the tenant. Contact thelocal city hall for information.Note: The landlord must be given reasonabletime to make repairs.STEP 2: Contact the building inspector andschedule an inspection.In some municipalities, if the rentalproperty is up to municipal code standards,the tenant will be responsible for paying theinspector’s fee. If it is not up to code, thelandlord pays the fee (and may also have topay a re-inspection fee once the repair ismade). Call the local inspector’s office to findout how much the fee will be.STEP 3: If the landlord has failed to makenecessary repairs, either withhold the rentand deposit it into an escrow account ORpay for the repair and deduct the costfrom the rent.Note: The landlord must have beenprovided with notice of the problem, andmust have been given a reasonable amountof time to fix the problem.■ Escrow Account: A bank account or otheraccount held by a third party, generallyestablished in the name of the tenant, intowhich whole or partial rent payments aredeposited to show that the tenant was ready,willing, and able to pay the rent, but iswithholding the rent until a certain problem isfixed that the landlord is legally responsible forfixing. Once the problem is taken care of, theescrowed rent amount will be released to thelandlord.27

› If the rent, or a portion of it, will bewithheld for the purpose of addressing themaintenance or repair issue(s), the tenantshould send a letter—certified mail, returnreceipt requested—stating why the rent willbe withheld, where it will be deposited(name of financial institution), and thatpayment will be released when themaintenance or repair problem(s) has beencorrected.› If the repair cost will be deducted from therent, call for three repair estimates. If it is ado-it-yourself job, shop and compare the costof parts. Reputable repair companies willcome to the house and provide a free writtenestimate. Send copies of the estimates to thelandlord and state that the problem will befixed unless the landlord agrees to do it by acertain date, and that the cost of repair willbe paid from the rent withheld. Keep allreceipts and note the dates of repair; sendcopies to the landlord, along with theremaining portion of the rent.Note: While the repair-and-deduct methodmay work well for small repairs, it may notwork for large repairs.Q1 How much rent should be withheld?The amount of rent withheld mustreasonably relate to the cost of fixing theproblem or to the amount of damage thetenant has incurred because of the landlord’sfailure to fix the problem. Withhold less for aclogged drain. Withhold more for an unusabletoilet or shower. Only the most catastrophicproblems will warrant withholding all of therent. In any event, the amount withheld mustbe deposited into an escrow account.Q2 What if the tenant lawfully withholdsrent and the landlord starts theeviction process?If the landlord has a run-in with themunicipal code enforcement office OR if thelandlord does not receive the rent, he or shemay well decide to start the process forevicting the tenant. Nevertheless, Michigan lawprovides the tenant—who was acting lawfully—with certain defenses. The tenant, however,must be able to prove the facts giving rise tothe defense:1. A claim of retaliatory eviction. There exists apresumption of retaliation if the landlordstarted the eviction proceedings within90 days of the tenant trying to enforce hisor her rights under law (e.g., reportinghealth and safety code violations, exercisingrights under the lease, filing a complaintagainst the landlord for a violation of thelaw).2. The landlord’s breach of the warranty ofhabitability and duty to repair. The tenantmust show that the landlord was providedwith notice of the problem and given areasonable amount of time to fix theproblem. The tenant must show that thelandlord failed to make the necessaryrepairs.3. Rent was properly withheld and escrowed.The tenant must be able to show that “butfor the repair and maintenance required, heor she was ready, willing, and able to paythe rent.”The eviction process takes time—from startto finish, it takes as few as 27 days or as manyas 57 days to evict a tenant. In the meantime,the landlord has mortgages, taxes, and bills topay. Financial pressure may cause the landlordto negotiate. If the landlord will not negotiate,and if the tenant has carefully documented allcommunications about the needed repair andmaintenance, the tenant may well succeed inthe lawsuit for eviction.Both the landlord and the tenant shouldremember that, in many disputes, the basicissues become obscured by personaldisagreements that develop and continue togrow and fester. If an agreement cannot bereached, try mediation—either before a lawsuitis filed or after. Mediation might help toempower the parties to use their own problemsolvingskills, to take responsibility, and to findsolutions that best meet their needs, whilestrengthening the landlord-tenant relationship.28

Additional ConsiderationsCivil RightsFederal, state, and local laws prohibitdiscrimination in housing based on a numberof factors, including race, color, sex, age,disability, and family status. For furtherinformation regarding the classes of personsprotected by federal, state or local laws andthe exceptions to the general laws, contact theMichigan Department of Civil Rights or theU.S. Department of Housing and UrbanDevelopment.SmokingA landlord can restrict tenants who smoketo certain apartments or buildings or canrefuse to rent to smokers. In Michigan AttorneyGeneral Opinion No. 6719, released May 4,1992, the Attorney General stated “neitherstate nor federal law prohibits a privatelyownedapartment complex from renting only tonon-smokers or, in the alternative, restrictingsmokers to certain buildings within anapartment complex.”Housing Codes, Smoke DetectorsSome communities have adopted housingcodes or other specific requirements that mayaffect the condition or equipment requirementsof residential rental property. These includethe requirement that smoke detectors beinstalled in housing or that residents complywith recycling ordinances. Be sure to checkwith the local unit of government to see if therental property is affected.Pet RestrictionsLandlords can include a provision in thelease that restricts tenants from maintainingpets in a rental unit or impose a pet fee. Alandlord cannot discriminate against a personwho maintains a guide, hearing, service and/orcompanion animals. Additionally, service andcompanion animals are not considered to bepets, and should not be subject to pet fees oroverly restrictive animal policies.The courts have permitted the eviction oftenants who violate a lease provisionprohibiting tenants from maintaining pets in arental unit.Lead-Based PaintSince the latter part of 1996, landlordsmust provide tenants who are renting unitsbuilt before 1978 with certain informationconcerning lead-based paints. This informationincludes a federal government pamphletentitled:■ Protect Your Family From Leadin Your Homeand a form entitled:■ Disclosure of Information on Lead-Based Paint and/or Lead-Based PaintHazards (Rentals)There are exceptions to this federalrequirement, including commercial rentals,zero-bedroom efficiency apartments, and rentalunits certified as lead-free by a qualified leadabatement inspector.For further information, contact theNational Lead Information Center at1-800-424-LEAD[5323] or at www.epa.gov/lead/pubs/nlic.htm.See Appendices for sample disclosure form.29

AppendicesSample Residential Lease Agreement ................................ 32Sample Residential Sublease Agreement ........................... 37Sample Roommate Agreement .......................................... 38Sample Lead-Based Paint Disclosure Form. ........................ 40Sample Inventory Checklist . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41Samples of Tenant’s Letters to Landlord .......................... 43Samples of Landlord’s Letters to Tenant .......................... 48Court Forms Prepared by the Michigan State CourtAdministrator’s Office. ................................................... 5031

Sample Residential Lease Agreement (page 1 of 5)RESIDENTIAL-LEASE AGREEMENTNOTICE:Michigan law establishes rights and obligations for parties torental agreements. This agreement is is required to to comply with theTruth in Renting Act. If you have a question about theTruthinterpretationin Renting Act.orIflegalityyou haveof aaprovisionquestionofaboutthistheagreement,interpretationyouorlegality may want of a to provision seek assistance of this agreement, from a lawyer you or may other want qualified to seekassistance from an attorney person. or other qualified person.We Agree That_______________________________________________________________,(Landlord’s Name(s))Leases To(1)________________________________________________(Tenant’s Name)(2)________________________________________________(Tenant’s Name)(3)________________________________________________(Tenant’s Name)(4)________________________________________________(Tenant’s Name)The Following Premises To Be Used For Private Residential Purposes Only____________________________________________________________________________________(Street Address, City, State, and Zip Code)For A TermBeginning ____________ ____, 20____, andEnding ____________ ____, 20____.Month-To-MonthBeginning ____________ ____, 20____.(a)(b)JOINT AND SEVERAL TENANCY: If more than one person signs this lease as a Tenant, their obligationsare joint and several. This means that each person is responsible not only for his or her individualobligations, but also for the obligations of all other Tenants. This includes paying rent and performing allother terms of this lease. A judgment entered against one or more Tenant(s) does not bar an action against theothers. Each Tenant must initial this paragraph: (1) ____, (2) ____, (3) ____, (4) ____.RENT: Tenant must pay Landlord, as rent for the entire term, a total of $___________, being $_________each month, beginning ____________ ____, 20____, and the same amount on or before the 1 st business day ofeach succeeding month. Rent must be paid to the Landlord at the following address:_____________________________________________________________________________________(Street Address, Apartment, City, State, and Zip Code)(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 1 of 5 Pages32

(c)(c)(d)(d)(e)(e)(f)(f)(g)(g)(h)(h)(i)(i)(j)(j)(k)(k)Sample Residential Lease Agreement (page 2 of 5)DISCOUNTED RENT: If Landlord receives the rent on time, Tenant will be granted $_________discount.DISCOUNTEDThe discount is meantRENT:to encourageIf Landlordpromptreceivespaymentthe rentofonrent.time,LateTenantrent maywillsubjectbe grantedtheaTenant$_________discount.to evictionproceedingsThe discountandis meantliabilityto encouragefor damages.prompt payment of rent. Late rent may subject the Tenant to evictionSECURITY proceedings and DEPOSIT: liability for Tenant damages. must pay Landlord $_______ on ____________ ____, 20____, whichLandlordSECURITYholdsDEPOSIT:as securityTenantdepositmustforpayTenant’sLandlordperformance$_______ofonall____________the terms of this____,lease.20____,The securitywhichdepositLandlordmustholdsbeasdepositeda securityatdepositthe followingfor Tenant’sfinancialperformanceinstitutionofandallmaythebetermsmingledof thiswithlease.theThesecuritysecuritydepositsofdepositLandlord’smust beotherdepositedtenants:at the following financial institution and may be mingled with the security depositsof Landlord’s other tenants:__________________________________________________________________________________________________________________________________________________________________________(Name of Financial Institution, Street Address, City, State, and Zip Code)(Name of Financial Institution, Street Address, City, State, and Zip Code)NOTICE:You must notify your landlord in writing within 4 days afteryou move of a forwarding address where you can be reachedand where you will receive mail; otherwise your landlordshall be relieved of sending you an itemized list of damagesand the penalties adherent to that failure.NONREFUNDABLE CLEANING FEE: Tenant must pay nonrefundable cleaning fee of $________ at thebeginningNONREFUNDABLEof the lease term.CLEANING FEE: Tenant must pay a nonrefundable cleaning fee of $________ at thebeginning of the lease term.OCCUPANCY: Only the persons who sign this lease may reside at the premises. If more than ______ personsOCCUPANCY:occupy the premises,OnlythetheLandlordpersonsmaywhoterminatesign thisthisleasetenancymay resideor assessat theadditionalpremises.rentIf moreof $_________than ______eachpersonsmonth foreachoccupyadditionalthe premises,person.theOccupancyLandlord maymustterminatenot exceedthis tenancythe numberor assessmandatedadditionalby localrent ofordinance.$_________Thiseachpremisesmonth foriseachlicensedadditionalfor ____person.persons.OccupancyTenant maymustaccommodatenot exceed theguestsnumberfor reasonablemandatedperiodsby local(upordinance.to weeks);Thisotherpremises islicensed arrangements for ____ require persons. Landlord’s Tenant consent. may accommodate guests for reasonable periods (up to 2 weeks); otherarrangements require Landlord’s consent.Note: If the premises is located in the city of East Lansing, the occupancy limit must be displayed on the license andNote: posted If the premises in the premises. located The in city the city may of fine East violators Lansing, $500 the occupancy day for over-occupancy.limit must be displayed on the license andposted in the premises. The city may fine violators $500 a day for over-occupancy.SLEEPING ROOMS: Basements, attics, and other rooms must not be used as sleeping rooms if they do notcomplySLEEPINGwith theROOMS:local ordinanceBasements,for windows,attics, andminimumother roomssquaremustfootage,not be usedexits,asandsleepingventilation.roomsThisif theyis meantdo nottoprotect comply Tenant’s with the local health ordinance and safety. for The windows, following minimum areas square may not footage, be used exits, as sleeping and ventilation. rooms: This is meant toprotect Tenant’s health and safety. The following areas may not be used as sleeping rooms:__________________, __________________, __________________, __________________.__________________, __________________, __________________, __________________.Note: The city of East Lansing may fine violators $500 or they may be sentenced up to 90 days in jail..Note: The city of East Lansing may fine violators $500 or they may be sentenced up to 90 days in jail..KEYS/LOCKS: Tenant will receive ____ keys from the Landlord. On or before the termination of this lease,Tenant KEYS/LOCKS: must return Tenant all keys will or receive Tenant ____ will be keys charged from $_________ the Landlord. for On changing or before the the locks. termination If Tenant of this loses lease, thekeysTenantormustgets lockedreturn alloutkeysof theorpremises,Tenant willLandlordbe chargedwill$_________provide an extrafor changingkey to Tenantthe locks.and mayIf TenantchargelosesTenantthe$_________.keys or gets lockedTenantoutmustof theneverpremises,gain entranceLandlordtowillthe premisesprovide anbyextraforcekeythroughto Tenant windowand mayor door,chargeorTenant$_________.otherwise withoutTenant key.mustTenantnevermustgain entrancenot changeto theor addpremiseslocks withoutby forceLandlord’sthrough a windowwritten consent.or door, orotherwise without a key. Tenant must not change or add locks without Landlord’s written consent.UNAUTHORIZED USE OF MAILING ADDRESS: Only Tenant may use the mailing address of thepremises.UNAUTHORIZEDAllowing someoneUSE OFelseMAILINGto use theADDRESS:mailing addressOnlywilla Tenantincreasemaytheusemonthlythe mailingrent $_________.address of thepremises. Allowing someone else to use the mailing address will increase the monthly rent $_________.CONDITION OF PREMISES AT THE BEGINNING OF TENANT’S OCCUPANCY: TenantCONDITIONacknowledges receiptOF PREMISESof two blankATcopiesTHEofBEGINNINGan inventoryOFchecklist.TENANT’STenantOCCUPANCY:must complete bothTenantchecklistsandacknowledgesreturn onereceiptto theofLandlordtwo blankwithincopies ofdaysan inventoryafter Tenantchecklist.takes possessionTenant mustofcompletethe premises.bothExceptchecklistsforthose and return items specifically one to the Landlord noted by the within Tenant 7 days in detail after on Tenant the inventory takes possession checklist, Tenant of the premises. accepts the Except premises, forandthosetheitemsappliancesspecificallyand furnishings,noted by theinTenantgood condition.in detail onThetheinventoryinventorychecklistchecklist,isTenantused onlyacceptsto assessthe premises,damagesandandisthenotappliances warrantyandorfurnishings,promise byinLandlordgood condition.that any itemThelistedinventoryon thechecklistchecklist,is usedbut notonlypresentto assesson thedamagespremises,and is notwilla warrantybe provided.or promise by Landlord that any item listed on the checklist, but not present on thepremises, will be provided.APPLIANCES AND OTHER FURNISHINGS PROVIDED: Tenant must not remove or loan any itemprovidedAPPLIANCESwith theANDpremises.OTHERLandlordFURNISHINGSwill providePROVIDED:the following checkedTenant mustitems:not remove or loan any itemprovided with the premises. Landlord will provide the following checked items:Stove _________________________ _________________________’ Stove ’ _________________________ ’ _________________________(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW Page of Pages(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 2 of 5 Pages33

Sample Residential Lease Agreement (page 3 of 5)’ Refrigerator ’ _________________________ ’ _________________________’ Dishwasher Refrigerator ’ _________________________ ’ _________________________’ Washer Dishwasher and Dryer ’ _________________________ ’ _________________________’ Washer and Dryer ’ _________________________ ’ _________________________(l) SMOKE DETECTORS: Landlord must install smoke-detection devices as required by law. The premises(l) contain SMOKE _____ DETECTORS: smoke-detection Landlord devices, must all install working smoke-detection satisfactorily. devices Once the as tenancy required begins, by law. Tenant The premises mustregularly contain _____ test the smoke-detection detectors to ensure devices, that all they working are working. satisfactorily. Tenant must Once never the tenancy remove begins, the battery Tenant from must thesmoke-detectionregularly test thedevicedetectorsexceptto ensurewhenthatnecessarythey aretoworking.replace it.TenantTenantmustmustneverinformremovethe Landlordthe batteryimmediately,from theinwriting, smoke-detection of any defect device or except malfunction when necessary in its operation. to replace it. Tenant must inform the Landlord immediately, inwriting, of any defect or malfunction in its operation.(m) ALTERATIONS: Tenant must not alter the premises without the Landlord’s written consent (e.g., painting,(m)wallpapering,ALTERATIONS:installingTenantlocks).mustLandlordnot alterwillthe premisesdiscuss withwithoutTenanttheaLandlord’spreferred methodwrittenofconsenthanging(e.g.,picturespainting,andposters. wallpapering, Tenant installing is responsible locks). for Landlord damage will to the discuss walls with beyond Tenant reasonable a preferred wear method and tear. of hanging pictures andposters. Tenant is responsible for damage to the walls beyond reasonable wear and tear.(n) REPAIRS AND MAINTENANCE: Landlord must provide and maintain the premises in a safe, habitable,(n)andREPAIRSfit condition.AND MAINTENANCE:Tenant must notifyLandlordLandlordmustIMMEDIATELY,provide and maintainBY PHONEthe premisesat __________________in a safe, habitable,ofand any fit gas condition. leaks, electrical Tenant problems, must notify water Landlord damage, IMMEDIATELY, broken appliances, BY or PHONE serious at structural __________________ damage. ofTenantany gasmustleaks,notifyelectricalLandlord,problems,in writing,waterofdamage,all other problemsbroken appliances,needing repair.or seriousLandlordstructuralmust makedamage.all repairstoTenantthe premisesmust notifythat,Landlord,in Landlord’sin writing,sole judgment,of all otherareproblemsrequiredneedingby law.repair.LandlordLandlordmust makemusteverymakeeffortall repairsto doso to the within premises a reasonable that, in time. Landlord’s Whenever sole judgment, repairs are are delayed required for by reasons law. beyond Landlord the must Landlord’s make every control, effort the to doTenant’s so within obligations a reasonable are time. not affected, Whenever nor repairs does any are delayed claim accrue for reasons to Tenant beyond against the the Landlord’s Landlord. control, Landlord the mustmaintain Tenant’s obligations those things are requiring not affected, periodic nor maintenance does any claim (e.g., accrue heating, to Tenant air conditioning, against the cracked Landlord. windows). Landlord mustmaintain those things requiring periodic maintenance (e.g., heating, air conditioning, cracked windows).(o) PIPE-FREEZE PREVENTION: If Tenant plans to be away from the premises for any length of time, the heat(o) must PIPE-FREEZE be left on during PREVENTION: the cold season If Tenant and the plans windows to be away closed from to avoid the premises broken for pipes any and length water of damage. time, the heatmust be left on during the cold season and the windows closed to avoid broken pipes and water damage.(p) REPAIRS DUE TO TENANT’S NEGLIGENCE: Damage to the premises caused by Tenant’s negligence,(p) or REPAIRS their guest’s DUE or TO invitee’s TENANT’S negligence, NEGLIGENCE: whether by act Damage or omission, to the will premises be repaired caused by by Landlord Tenant’s and negligence, charged tothe or their Tenant. guest’s Whenever or invitee’s repairs negligence, are delayed whether for reasons by act beyond or omission, Landlord’s will be control, repaired Tenant’s by Landlord obligations and charged are not toaffected, the Tenant. nor Whenever does any claim repairs accrue are delayed to the Tenant for reasons against beyond Landlord. Landlord’s Tenant control, must immediately Tenant’s obligations pay the repair are notcostsaffected,as additionalnor does anyrent.claimIf Tenantaccruefailsto theto doTenantso, Landlordagainst Landlord.may take legalTenantactionmusttoimmediatelyrecover any unpaidpay therent.repaircosts as additional rent. If Tenant fails to do so, Landlord may take legal action to recover any unpaid rent.(q) LANDLORD’S RIGHT OF ENTRY: Landlord, or Landlord’s agent, may enter the premises at reasonable(q)times,LANDLORD’Swith ____-hoursRIGHTnoticeOF ENTRY:to the Tenant,Landlord,to examine,or Landlord’sprotect, makeagent,repairsmay enteror alterations,the premisesor showat reasonableprospective times, with ____-hours renters and notice purchasers. to the In Tenant, emergency to examine, situations, protect, Landlord make is repairs not required or alterations, to give or Tenant show notice. Ifemergency prospective entry renters occurs, and purchasers. Landlord must, In emergency within 2 days, situations, notify Landlord Tenant of is the not date, required time, to and give reason Tenant for notice. the entry. Ifemergency entry occurs, Landlord must, within 2 days, notify Tenant of the date, time, and reason for the entry.(r) USE OF THE PREMISES: Tenant must use the premises for private residential purposes only. Tenant must(r) not USE do OF any THE of the PREMISES: following, or Tenant allow someone must use else the premises to do any for of private the following: residential purposes only. Tenant mustnot Harass, do any annoy, of the following, or endanger or any allow other someone tenant else or neighbor, to do any or of their following: guests, or create any excessive noiseorHarass,publicannoy,nuisance,or endanger any other tenant or neighbor, or their guests, or create any excessive noise Do or public anything nuisance, to the structure or its surroundings that may be hazardous or that will cause Landlord’sinsuranceDo anythingto beto thecancelledstructureor premiumsor its surroundingsto increase,that may be hazardous or that will cause Landlord’s Keep insurance any flammable to be cancelled or explosive or premiums materials to increase, or any dangerous, hazardous, or toxic substance in or around Keep any the flammable premises, or explosive materials or any dangerous, hazardous, or toxic substance in or Deface around the or damage, premises, or allow another to deface or damage, any part of the premises, Change Deface or the damage, locks or or install allow any another additional to deface locks or or damage, bolts without any part Landlord’s of the premises, written consent, Place Change a waterbed the locks or other install heavy any additional article locks the premises or bolts without Landlord’s written consent, Pour Place any a waterbed commercial or other anti-clogging heavy article agent on into the premises the sink or without drain that Landlord’s may harm written the water consent, pipes, or Install Pour any any commercial antenna or anti-clogging satellite without agent Landlord’s into the sink written or drain consent. that may harm the water pipes, or Install any antenna or satellite without Landlord’s written consent.(s) ILLEGAL DRUG USE: Tenant must not violate, or knowingly allow another to violate, federal, state, or(s) local ILLEGAL laws regarding DRUG USE: the use Tenant of controlled must not substances violate, or or knowingly the use of allow alcohol another by minors to violate, in or around federal, the state, premises. orWhenlocal lawsawareregardingof a violationthe useofofthiscontrolledprovision,substancesLandlordorwillthefileusea formalof alcoholpolicebyreport.minorsLandlordin or aroundmaytherecoverpremises.possession When aware of of the a violation premises of by this summary provision, proceedings Landlord when will file Tenant a formal holds police over the report. premises Landlord for 24 may hours recover afterservice possession of a of written the premises demand by for summary possession proceedings for termination when of Tenant this Lease holds under over the this premises provision. for 24 hours afterservice of a written demand for possession for termination of this Lease under this provision.(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 3 of 5 Pages(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 3 of 5 Pages34

Sample Residential Lease Agreement (page 4 of 5)(t)(u)(v)PETS: Dogs, cats, or other pets are not allowed on the premises without Landlord’s written consent. IfLandlord’s written consent is given, Tenant agrees to pay a nonrefundable pet fee of $_________.PARKING: Landlord will provide parking for Tenant’s automobiles. Tenant must keep the parking area freeof all debris. Automobiles must be parked only in assigned areas as follows:CAR #1_________________________________________________ (year, make, model, and plate number),belonging to ___________________________ must be parked ____________________________________.CAR #2_________________________________________________ (year, make, model, and plate number),belonging to ___________________________ must be parked ____________________________________.CAR #3_________________________________________________ (year, make, model, and plate number),belonging to ___________________________ must be parked ____________________________________.CAR #4_________________________________________________ (year, make, model, and plate number),belonging to ___________________________ must be parked ____________________________________.MISCELLANEOUS COSTS AND OBLIGATIONS: Check the appropriate boxes below:’Tenant ’Landlord ’ Not Applicable pays for electricity.’Tenant ’Landlord ’ Not Applicable pays for gas or fuel oil.’Tenant ’Landlord ’ Not Applicable pays for water and sewage.’Tenant ’Landlord ’ Not Applicable pays for trash removal.’Tenant ’Landlord ’ Not Applicable must dispose of all trash by placing in a designatedcontainer.’Tenant ’Landlord ’ Not Applicable must mow the lawn.’Tenant ’Landlord ’ Not Applicable must water the lawn.’Tenant ’Landlord ’ Not Applicable must rake the leaves.’Tenant ’Landlord ’ Not Applicable must remove snow and ice from the driveway, parkingarea, walkway, and steps.’Tenant ’Landlord ’Not Applicable must change the screens and storm doors as weatherdictates.’Tenant ’Landlord ’ Not Applicable must ___________________________________________.’Tenant ’Landlord ’Not Applicable must ___________________________________________.’Tenant ’Landlord ’Not Applicable must ___________________________________________.’Tenant ’Landlord ’Not Applicable must ___________________________________________.(w) PEACEFUL AND QUIET USE OF PREMISES: In exchange for Tenant’s timely payment of rent andperformance of all the terms of this lease, Landlord must provide peaceful and quiet use of the premisesthroughout the tenancy.(x)(y)(z)SUBLET AND ASSIGNMENT: Tenant must not sublet the premises or assign any interest in this leasewithout Landlord’s written consent (not to be unreasonably withheld). If Landlord gives written consent,Landlord must also provide Tenant with an appropriate sublease form.RENTER’S INSURANCE: Tenant is strongly advised to carry renter’s insurance on his or her personalproperty (e.g., clothing, furniture, household items). Landlord is not responsible for damage to Tenant’spersonal property, unless Landlord’s negligence or intentional act or omission causes the damage.LEASE ADDENDUM, RULES, AND REGULATIONS: If the premises is located in the City of EastLansing, the East Lansing Lease Addendum must be attached. Additional pages or rules and regulations,signed by all parties, are incorporated as part of this Lease, and Landlord must provide copies to the Tenant.(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 4 of 5 Pages35

Sample Residential Lease Agreement (page 5 of 5)(aa) BREACH OF LEASE AND RIGHT TO RE-ENTER AND REGAIN POSSESSION: If Tenant fails to pay(aa) rent BREACH or violates OF any LEASE other AND term of RIGHT this lease, TO Landlord RE-ENTER may AND terminate REGAIN the tenancy, POSSESSION: re-enter the If premises, Tenant fails and regain to paypossession rent or violates in accordance any other term with of the this law. lease, If Landlord Landlord violates may terminate any term the of tenancy, this lease, re-enter Tenant the may premises, terminate and the regain tenancy.(bb) CONDITION possession in accordance OF THE with PREMISES the law. AT If Landlord THE END violates OF TENANT’S any term of this OCCUPANCY: lease, Tenant may At the terminate end of the tenancy.(bb) CONDITION Tenant’s occupancy, OF THE Landlord PREMISES must complete AT THE a termination END OF TENANT’S inventory checklist OCCUPANCY: to assess damages At the end that ofTenant’s Landlord occupancy, claims were Landlord caused by must the complete Tenant. This a termination includes unpaid inventory rent, checklist unpaid utilities, to assess and damages damages that beyondLandlord reasonable claims wear and were tear. caused Tenant by the may Tenant. ask to This be present includes when unpaid the termination rent, unpaid inventory utilities, and checklist damages is to beyondreasonable completed. wear Landlord tear. must Tenant mail to may the Tenant, ask to be within present 30 when days of the Tenant’s termination termination inventory of checklist occupancy, is to an becompleted. itemized list Landlord of damages must claimed mail to for the which Tenant, the within security 30 deposit days of may Tenant’s be used—provided, termination of of occupancy, course, that an theitemized Tenant has list given of damages a forwarding claimed address. for which the security deposit may be used—provided, of course, that theTenant has given a forwarding address.(cc) END OF LEASE TERM: When the lease term ends, Tenant must promptly vacate the premises, remove all(cc) END personal OF property, LEASE TERM: and return When all the keys. lease Tenant term ends, must Tenant dispose must of all promptly trash and vacate leave the the premises, clean. remove allpersonal property, and return all keys. Tenant must dispose of all trash and leave the premises clean.(dd) CHANGES TO THIS LEASE: This lease, and any additional pages or rules and regulations incorporated,(dd) CHANGES contains the entire TO THIS agreement LEASE: between This Landlord lease, and and any Tenant; additional no oral pages agreement or rules and is valid. regulations Changes incorporated, to the terms ofthis contains Lease the must entire be agreement in writing, between signed by Landlord all parties. and Tenant; no oral agreement is valid. Changes to the terms ofthis Lease must be in writing, signed by all parties.(ee) ENFORCEMENT OF LEASE PROVISIONS: Failure to strictly enforce any provision of this lease, by(ee) either ENFORCEMENT the Landlord or OF the LEASE Tenant, PROVISIONS: does not constitute Failure acceptance to strictly of a enforce change any in its provision terms. Landlord of this lease, and by Tenantare either still the obligated Landlord to or perform the Tenant, as indicated does not in constitute this lease. acceptance of a change in its terms. Landlord and Tenantare still obligated to perform as indicated in this lease.(ff) ADDITIONAL PROVISIONS: _____________________________________________________________(ff) _________________________________________________________________________________________ADDITIONAL PROVISIONS: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________._________________________________________________________________________________________.This RESIDENTIAL-LEASE AGREEMENT is signed on ____________ ____, 20____.This RESIDENTIAL-LEASE AGREEMENTEach person is who signed signs on it ____________ ____, 20____.acknowledges, Each person by their who signature, signs it thatthey have read acknowledges, it, understand by their it, and signature, voluntarily that agree to it.Further, they have each read person it, understand is mentally competent it, and voluntarily and 18 years agree or to older. it.Further, each person is mentally competent and 18 years or older.Landlord’s Signature(s): ______________________________ ______________________________Landlord’s Signature(s): ______________________________ ______________________________Tenant’s Signature(s): ______________________________ ______________________________Tenant’s Signature(s): ______________________________ ____________________________________________________________ ____________________________________________________________ ______________________________This document was drafted as a community-service projectThis document was by drafted student as a residents community-service projectunder the supervision by student of residents clinical faculty at theunder the supervision of clinical faculty at theMSU COLLEGE OF LAW, RENTAL HOUSING CLINICMSU COLLEGE 541 E. Grand OF LAW, River Avenue, RENTAL P.O. HOUSING Box 310 CLINIC541 E. Grand East Lansing, River Avenue, MI 48826 P.O. Box 310Phone (517) East 336-8088, Lansing, MI Fax 48826 (517) 336-8089We providePhonelegal services(517) 336-8088,to low-incomeFax (517)persons336-8089for nominal fees.We provide legal services to low-income persons for nominal fees.(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 5 of 5 Pages(1) ______ (2) ______ (3) ______ (4) ______ (Each tenant must initial.) MSU LAW © Page 5 of 5 Pages36

Sample Residential Sublease Agreement!!!NOTICE!!!Michigan law establishes rights and obligations for parties to rental agreements. This agreement isrequired to comply with the Truth in Renting Act. If you have a question about theinterpretation or legality of a provision of this agreement, you may want toseek assistance from an attorney or other qualified person.37

Sample Roommate Agreement (page 1 of 2)Attach copy of lease or rental agreement and landlord’s house rules.Roommate Agreement(Each roommate should receive a copy of this agreement)We have signed a lease/rental agreement for(address) on(date). We hope to make certain that responsibilities of renting will be shared equally byall roommates. It is for this reason that we are signing this agreement.ROOMMATESThe roommates of the above address are:TERMSThis agreement shall remain in effect fromtoUnder a month-to-month tenancy, each roommate must give the other roommate(s) and landlord thirty dayswritten and/or oral notice in advance, if the roommate will be moving out before date shown above. Theroommate may leave if a substitute roommate is found and is acceptable to the remaining roommate(s) and thelandlord. Each roommate will be primarily responsible for finding his/her own replacement tenant.Under a lease agreement, the departing roommate will be responsible for upholding the lease agreement until,and possibly after, a replacement or sublessee is found.The landlord should be notified of any pending roommate switch, so that proper arrangements can be made.The departing roommate will be responsible for his/her original portion of the rent, unless other arrangementsare made in a written agreement with the roommate(s) and landlord.DEPOSITThe roommate(s) have paid a security deposit of. List amount each roommate has paid:.Each roommate is responsible for charges associated with the damages he/she or his/her guest(s) cause. Ifthe cause cannot be determined, then the roommates will split the cost of damages equally.RENTEach roommate shall pay the following amount of rent:Amounts may not be equal. The rent shall be paid on thethe following manner (list all rental rates)day of each month. Rent will be paid inPETSIf pets are permitted under the lease, each pet owner shall be responsible for all damages caused by his/herpet. This includes damage to furniture, carpeting, blinds, doors, lawn, and garden.HOUSEHOLD SUPPLIESA single ledger will be kept of all supplies purchased by each roommate. The supplies include such things aspaper towels, toilet paper, cleaning fluids, dish detergent, foil, plastic trash bags, scrub brushes, and any othergoods needed for the home which will be shared by all roommates.KITCHEN USE AND CLEAN-UPFood expenses shall be shared by all roommates. Preparation of meals shall be determined by an attachedschedule which can be flexible.ORFood is to be bought by each roommate. There is to be no borrowing of food without prior approval. Aseparate space will be provided for each person’s groceries. Shared meal preparation and clean-up isoptional...This form was prepared by the Housing Information Office, University Housing, University of Michigan,1011 Student Activities Building, 734-763-3205. Website: www.housing.umich.edu© University of Michigan Rev. 6/0238

Sample Roommate Agreement (page 2 of 2)PERSONAL PROPERTYAll roommates agree to refrain from borrowing roommates , personal items without prior approval. Exceptionsto this should be clearly stated, with the roommates reserving the right to change their minds about the sharingof their items. Property that is borrowed will be used respectfully and returned in the same condition. Ifdamage is done to personal property, the roommate responsible for damage will be held liable.CLEANING AND YARDWORKAll roommates agree to share the responsibilities of cleaning and maintenance of the premises. This includesdusting, vacuuming, emptying trash, mopping/waxing floors, cleaning bathrooms, and yardwork.The roommates have decided to develop a schedule which is attached. It states when each roommate willcomplete the cleaning and maintenance jobs.ORThe roommates will work together at a designated time to complete the above jobs.MEDIATIONRoommates agree to discuss unresolved roommate problems with an advisor at the University HousingInformation Office. Any roommate may initiate this process, which includes consultation and mediation.All roommates agree to make a good faith effort to discuss /obtain a resolution prior to taking any action.ADDITIONAL TERMS OF AGREEMENTSIn addition to the items mentioned above, the following items have been known to cause conflict betweenroommates. If you foresee any of these as a problem, write out any needed additional agreements and attach.Space is provided at right for adding other issues needing specific agreements.____Smoking/alcohol/drugs____Parking____Overnight guests________Cleanup after parties/guests____Use of sound system____Behavior of guests________Food/groceries/household supplies____Phone messages____Keys________Quiet hours for studyingand sleeping,____Compliance with landlord srules____Shared areas (bathroom)____Each roommate agrees to do his/her own dishes as needed. A schedule of kitchen cleanup may be attached.It will include cleaning the refrigerator and oven, mopping the floors, and emptying the trash.UTILITIESThe following services have been arranged and paid for as follows:Item Account in Amount of Deposit How Bill Name RoommateName of Deposit Paid By Shared Responsible for PaymentGasWaterElectricityNewspaperGarbageCable TVPhone*Charges for unclaimed telephone calls shall be allocated equally among the roommates.Each roommate has been assigned the responsibility for payment of a specific bill. This includes determining theamount owed by each roommate, collecting that amount, and seeing that payment is made before the due date.ORThe attached schedule has been developed to assign each roommate the month in which he/she will beresponsible for the collecting and payment of all bills.SIGNATURES OF ROOMMATES39

Sample Lead-Based Paint Disclosure FormDisclosure of Information on Lead-Based Paint and/or Lead-Based Paint HazardsLead Warning StatementEvery tenant of any interest in residential real property on which a residential dwelling was built prior to 1978 isnotified that such property may present exposure to lead from lead-based paint that may place young children at riskof developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage,including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Leadpoisoning also poses a particular risk to pregnant women. The landlord of any interest in residential real property isrequired to provide the tenant with any information on lead-based paint hazards from risk assessments or inspectionsin the landlord’s possession and notify the tenant of any known lead-based paint hazards. A risk assessment orinspection for possible lead-based paint hazards is recommended before taking occupancy.Landlord’s Disclosure (Landlord must initial here: _________)(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):(i)_______ known lead-based paint and/or lead-based paint hazards are present in the housing(explain).__________________________________________________________________________________________(ii)_______ Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.(b) Records and reports available to the tenant (check (i) or (ii) below):(i)_______ Landlord has provided the tenant with all available records and reports pertaining to leadbasedpaint and/or lead-based paint hazards in the housing (list documents below).__________________________________________________________________________________________(ii)_______ Landlord has no reports or records pertaining to lead-based paint and/or lead-based painthazards in the housing.Tenant’s Acknowledgment......Protect Your Family from Lead in Your Home.(e) Tenant has (check (i) or (ii) below):(i)_______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessmentor inspection for the presence of lead-based paint and/or lead-based paint hazards.(ii)_______ waived the opportunity to conduct a risk assessment or inspection for the presence oflead-based paint and/or lead-based paint hazards.Agent’s Acknowledgment (Agent must initial here: _________)(f)___________ Agent has informed the landlord of the landlord’s obligations under federal law and isaware of his/her responsibility to ensure compliance.Certification of AccuracyThe following parties have reviewed the information above and certify, to the best of their knowledge, that theinformation they have provided is true and accurate.Landlord Date Tenant DateTenant Date Tenant DateAgent Date Tenant Date40

Sample Inventory ChecklistInventory Checklist*COMMENCEMENT AND TERMINATIONINVENTORY CHECKLIST FORM“YOU MUST COMPLETE THIS CHECKLIST NOTING THE CONDITION OF THE RENTAL PROPERTYAND RETURN IT TO THE LANDLORD WITHIN 7 DAYS AFTER OBTAINING POSSESSION OF THERENTAL UNIT. YOU ARE ALSO ENTITLED TO REQUEST AND RECEIVE A COPY OF THE LASTTERMINATION INVENTORY CHECKLIST WHICH SHOWS WHAT CLAIMS WERE CHARGEABLE TOTHE LAST PRIOR TENANTS.”BEGINNING condition ending conditionliving roomdoor (including locks):windows:carpet or floor:walls:ceiling:lights & switches:other:dining roomwindows:carpet or floor:walls:ceiling:lights & switches:other:Hallwayfloor:walls:ceiling:Other:kitchenwindows:floor:Walls:ceiling:lights & switches:stove:Refrigerator:sink:Cabinets & Counter:other:* Remember! Be specific. Describe any conditions in detailed terms rather than saying “fine” or “acceptable.”41

edroomdoor:windows:carpet or floor:walls:ceiling:lights & switches:closet:other:bathroomdoor:window:floor:walls:ceiling:sink:tub and/or shower:toilet:cabinet, shelves, closet:towel bars:lights & switches:other:basementgarageBEGINNING conditionending conditionfurniture INVENTORYkitchen chairs:tables:end tables:lounge chairs:sofas:lamps:desks:desk chairs:bookcases:mattresses:dressers:Use this if rental unit is furnished;check condition of items and number present.signature of tenant(s)address of unitsignature of landlordlandlord’s addressphone number (landlord)date42

The following are sample letters which may be used in dealing with various landlord-tenantproblems. It should be noted that most problems are handled amicably and effectively inconversations or correspondence between landlords and tenants. When this is not the case, and noagreement can be reached, it is best that subsequent communications between the two parties be inwriting, with copies being kept as the record. The sample letters which follow serve as a guide; thesespecific samples cannot, and do not, cover every type of landlord-tenant problem which may arise.Samples of Tenant’s Letters to LandlordTenant’s Request for Repair(s)TO: ___________________________________________________________________________FROM: ___________________________________________________________________________Please make, within a reasonable time, the following NECESSARY REPAIRS to the rental property I am occupying. I havetried my best to explain precisely what is wrong.1. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________3. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________4. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Please notify me when the repairperson will be at the rental property to make the necessary repairs so that I can bethere. My home phone number is ________________________ and my work phone number is _________________________.For now, it is easiest to reach me: _________________________.For now, it is easiest to reach me: (time of day)Thank you for your prompt attention to this matter.Sincerely,__________________________________________________TenantDate43

Samples of Tenant’s Letters to LandlordNotice of Tenant’s Intent to Repair and DeductTO: ___________________________________________________________________________FROM: ___________________________________________________________________________I requested that repairs be made to my rental property in a letter dated __________. It has been _____ days since Iwrote the letter, and the needed repairs have not yet been made.I have contacted three service providers to make the repairs. Enclosed are copies of three estimates for the repairslisted in my previous letter. If I do not hear from you within _____ day(s), I will be hiring the lowest bidder to performthe repairs.■ I will pay the company myself from rent previously withheld and escrowed.OR■ I will pay the company myself and deduct the amount from my next rent payment.Copies of the receipts for the repairs, once they are made, will be forwarded to you.Please take note of the relevant Michigan case law:Where the landlord has covenanted to make repairs and fails to do so, the tenant, after giving reasonablenotice to the landlord, may make the repairs and recover the cost of such repairs from the landlord or he [orshe] may deduct the cost from the rent. . . . Unless the landlord’s duty to repair is expressly made conditionalupon receipt of notice from the tenant, such duty may arise from the landlord’s actual knowledge of the needfor repair. . . . The landlord’s duty to maintain in good repair . . . extends to reimbursing the tenant for moniesexpended . . .. Anchor Inn v Knopman, 71 Mich App 64, 67 (1976).Sincerely,__________________________________________________TenantDateNotice of Tenant’s Implementation to Repair and DeductTO: ___________________________________________________________________________FROM: ___________________________________________________________________________As stated in my previous letter, dated __________, I have taken action to perform necessary repairs that you havefailed to correct. I had the repairs made and paid for them myself, as I said I would do.You are required by Michigan law to keep the premises and all common areas fit for the use intended, and to keep thepremises in reasonable repair during the term of the lease, and to comply with the applicable health and safety laws ofthe state and local governments.I spoke to you about the problems and the need for repair. I wrote you letter(s) dated __________ about the need forcorrective action. You failed to act within a reasonable amount of time. Therefore, I found it necessary to take actionmyself.Enclosed are the receipts for all expenditures I have made:■ I paid for the repair from previously withheld and escrowed rent.OR■ I will deduct the amount from my next rent payment.Sincerely,__________________________________________________TenantDate44

Samples of Tenant’s Letters to LandlordNotice of Tenant’s Intent toWithhold Rent Due to Needed RepairTO: ___________________________________________________________________________FROM: ___________________________________________________________________________I previously informed you, in a letter dated __________, of several problems and the need for repairs at the rentalproperty I am occupying. Since you have not taken any steps to correct the problems, it is necessary for me to takefurther action.I have opened an escrow account at the following financial institution:Name:_________________________Address:_________________________City, State, and Zip Code: _________________________I have deposited $__________ from my rent into the escrow account. This shows that I was ready, willing, and able topay the rent on time—but for certain problems that you, the landlord, are legally responsible for fixing. Once theproblems are taken care of, the escrowed rent amount will be released.If you wish to discuss this matter further, contact me at _________________________.Sincerely,__________________________________________________TenantDateTermination of Occupancy Before End of LeaseTO: ___________________________________________________________________________FROM: ___________________________________________________________________________It has been ______ months since we first brought to your attention the need for several repairs on our apartment.Since you have not responded to our letters or phone calls, and have not begun to work to repair the problems at ourapartment, we feel that you have broken our lease. You have also violated the “statutory covenant to repair” providedfor by Michigan law. Since you have broken our contract, and show no sign of accepting your legal responsibility tomaintain the premises, we intend to terminate the occupancy of our apartment on or before ______________________.We understand your responsibility to inspect the apartment and inform us of any damages—and return the undisputedportion of our security deposit to us—within 30 days of the end of our occupancy of the apartment. We alsounderstand that if you do not submit the above information to us within that time period—or go to court to retain ourdeposit (should we dispute your claim) within 45 days of the end of our occupancy—we may legally file suit for twicethe amount of our security deposit. Since YOU are responsible for breaking the lease, we will not accept a list ofdamages which includes charges for rent lost for the remainder of our lease.If you wish to discuss this matter further, contact us at _________________________.Sincerely,__________________________________________________TenantDate45

Samples of Tenant’s Letters to LandlordNotice of Tenant’s Intent toVacate and Forwarding AddressTO: ___________________________________________________________________________FROM: ___________________________________________________________________________In accordance with the terms of my lease requiring a _____-day written notice, you are hereby advised of my intent tovacate the rental property located at _________________________ on or before _________________________.I will turn in my keys to you on _________________________.Please send my security deposit to me at my FORWARDING ADDRESS:______________________________________________________________________________________________________________________________________________________If you have any questions, please contact me at _________________________.Sincerely,__________________________________________________TenantDateTenant Defense Against Eviction AttemptTO: ___________________________________________________________________________FROM: ___________________________________________________________________________I received your letter demanding that I be out of my apartment within 7 days. Discussion of this with my lawyerreveals that you cannot carry out an eviction without due process of law, which means taking me to court.My defense against eviction will be that I have been withholding rent due to your nonperformance of repairs. I wouldlike to point out to you that I have copies of several letters sent to inform you of the need for repairs, and of thesteps I took to obtain repairs. I also have return receipts which prove that you received these letters. In addition,I have proof that I have been maintaining an escrow account into which the full amount of rent money due, or aportion of it, was deposited each month. Also, I have receipts for all repair work and all bills which were paid out ofmy escrow account.During my tenancy, you have neglected to fulfill your statutory covenant to repair. I do not feel that you have adequatecause to demand my eviction.Please contact my lawyer if you wish to discuss this matter. His or her name is ____________________________________.Sincerely,__________________________________________________TenantDate46

Samples of Tenant’s Letters to LandlordTenant’s Response to DamagesAssessed Against Security DepositTO: ___________________________________________________________________________FROM: ___________________________________________________________________________In reponse to the list of damages you sent dated __________, which I didn’t receive until this date, __________, I amwriting to dispute the following charges against my security deposit.As required by Michigan law, I am responding to you by ordinary mail, within 7 days of when I received the list,indicating in detail my disagreement relative to the charges listed.Description of Landlord’sAmount to beClaim of Damage Refunded Reason for the Dispute of ChargesA total of all disputed charges amounts to $______________. Please refund this amount of my security depositpromptly: $______________.Please note that under Michigan law, the security deposit is considered the lawful property of the tenant until thelandlord establishes a right to the deposit or portions thereof. Within 45 days after termination of occupancy and notthereafter the landlord may commence an action in a court of competent jurisdiction for a money judgment fordamages which he [or she] has claimed or in lieu thereof return the balance of the security deposit held by him [orher] to the tenant or any amount mutually agreed upon in writing by the parties.If you wish to discuss this matter with me, please contact me at _________________________.Sincerely,__________________________________________________TenantDate47

Sample of Landlord’s Letters to Tenant(Commencement of Tenancy)Security Deposit Notice to TenantTO:FROM:______________________________________________________________________________________________________________________________________________________YOU ARE HEREBY NOTIFIED THAT:The security deposit required of you will be deposited in the followingregulated financial institution:SURETY BOND(If the landlord has deposited a surety bond to secure deposits, complete the following):The surety on the bond deposited with the Secretary of State is:Show name and address of surety company, NOT the insurance agent who signs bond for surety company.“YOU MUST NOTIFY YOUR LANDLORD IN WRITING WITHIN FOUR (4) DAYS AFTER YOU MOVE OF A FORWARDINGADDRESS WHERE YOU CAN BE REACHED AND WHERE YOU WILL RECEIVE MAIL; OTHERWISE YOUR LANDLORD SHALLBE RELIEVED OF SENDING YOU AN ITEMIZED LIST OF DAMAGES AND THE PENALTIES ADHERENT TO THAT FAILURE.”Sincerely,__________________________________________________LandlordDateLandlord’s Response to Tenant’s Request for Repair(s)TO: ___________________________________________________________________________FROM: ___________________________________________________________________________In response to your letter dated __________ requesting repair of the rental property you are occupying, please beadvised that I have contacted a service representative, _________________________, who should be calling you withinthe next few days to set up an appointment to accomplish the following repairs:1. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________2. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________3. ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________If you do not hear from the service representative within one week, will you please let me know so that I can makeother arrangements?If you have any questions, please contact me at _________________________.Sincerely,__________________________________________________LandlordDate48

Samples of Landlord’s Letters to TenantInsufficient Notice LetterTO: ___________________________________________________________________________FROM: ___________________________________________________________________________We acknowledge with regret your letter of ___________________ advising us of your intention to vacate the rentalpremises on or before ____________________________ .Your lease agreement requires a 30-day written notice.Under the circumstances, we will hold you responsible for the payment of rent through _________________ , or untilsuch time in the interim as the apartment is re-occupied by another acceptable tenant.Sincerely,__________________________________________________LandlordDate(Termination of Tenancy)Landlord’s Notice to Tenant ofDamages Assessed Against Security DepositTO:FROM:______________________________________________________________________________________________________________________________________________________YOU MUST RESPOND TO THIS NOTICE BY MAIL WITHIN 7 DAYS AFTER RECEIPT OF SAME,OTHERWISE YOU WILL FORFEIT THE AMOUNT CLAIMED FOR DAMAGES.On this date, ____________________, your occupancy of the rental property located at ____________________ terminated.As required under Michigan law, this notice is provided to you to advise you of charges against your security deposit:Description of Damage or Estimated Amount ChargedOther Obligation Charged Cost of AgainstAgainst Security Deposit Repair(s) Security Deposit Reason for Charge Against Security DepositUnder Michigan law, a security deposit may be used only for the following purposes: (1) actual damages to the rentalunit that are a direct result of conduct not reasonably expected in the normal course of habitation of a dwelling;(2) all rent in arrearage under the lease agreement and rent due for premature termination of the lease agreement;and (3) unpaid utility bills. None of these charges were claimed on a previous termination inventory checklist. Aftertotaling all charges lawfully assessed against your security deposit, a deduction of $__________, a balance remains inthe amount of $__________. A check or money order for the remaining balance is enclosed.Sincerely,__________________________________________________LandlordDate49

Approved Court FormsThe forms on pages 51-64 are prepared and approved by the Michigan State Court Administrator’sOffice. They are also available (fees may apply) from local district courts and various landlord or tenantassociations. For additional forms and information visit the Michigan State Court Administrative Officeon the web at http://courts.michigan.gov/scao/courtforms/landlord-tenantlandcontract/itindex.htm.Affidavit and Claim, Small ClaimsForm DC 84 ................................................................. 51-52Notice To Quit, Termination of Tenancy, Landlord-TenantForm DC 100c ............................................................... 53-54Complaint, Termination of Tenancy, Landlord-TenantForm DC 102c ............................................................... 55Demand for Possession, Nonpayment of Rent, Landlord-TenantForm DC 100a ............................................................... 56-57Complaint, Nonpayment of Rent, Landlord-TenantForm DC 102a ............................................................... 58Summons, Landlord-Tenant / Land ContractForm DC 104 ................................................................ 59-61Judgment, Landlord-TenantForm DC 105 ................................................................ 62APPLICATION AND Order of Eviction, Landlord-Tenant / Land ContractForm DC 107 ................................................................ 63-6450

Approved, SCAOSTATE OF MICHIGANJUDICIAL DISTRICTCourt addressOriginal - Court1st copy - DefendantAFFIDAVIT AND CLAIMSmall Claims2nd copy - Plaintiff3rd copy - ReturnCASE NO.Court telephone no.1.PlaintiffAddressSee instructions on the back of plaintiff and defendant copies.NOTICE OF HEARINGFor Court Use Only15. The plaintiff and the defendant must be in court onCity, state, zip2.DefendantAddressCity, state, zipTelephone no.Fee paid: $3. I have knowledge or belief about all the facts stated in thisProcess server's nameaffidavit and I am(check one) the plaintiff. a partner. a full-time employee of the plaintiff.4. The plaintiff is (check one) an individual. a partnership. a corporation. a sole proprietor.5. The defendant is (check one) an individual. a partnership. a corporation. a sole proprietor.6. The date(s) the claim arose are .(NOTE: Plaintiff's costs are determined by the court and awarded as7. Amount of money claimed is $ . appropriate. They are not part of the amount claimed.)8. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complainthas been previously filed in Court. The case number, if known, is .The action remains is no longer pending.9. The reasons for the claim areTelephone no.DayDateat at the court address aboveTimeLocation10.The plaintiff understands and accepts that the claim is limited to $3,000.00 by law and that the plaintiff gives up the rights to(a) recover more than this limit, (b) an attorney, (c) a jury trial, and (d) appeal the judge's decision.11. I believe the defendant is is not mentally competent. I believe the defendant is is not 18 years or older.12. I do not know whether the defendant is in the military service. The defendant is not in the military service.The defendant is in the military service.13.This affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.Applicant signatureSubscribed and sworn to before me on , County, Michigan.My commission expires:DateNotary public, State of Michigan, County ofSignature:Deputy clerk/Notary public14. Expiration date:DC 84 (6/10) AFFIDAVIT AND CLAIM, Small Claims MCL 600.8401 et seq., MCR 4.302, MCR 4.30351

Approved, SCAOSTATE OF MICHIGANNOTICE TO QUITTERMINATION OF TENANCYLandlord-TenantTO:1. Your landlord/landlady, , is terminating your tenancy and wants toName (type or print)evict you from:Address or description of premises rented (if different from mailing address):because your tenancy has ended. other:2. You must move by or your landlord/landlady may take you to court to evict you.Date (*see note)3. If your landlord/landlady takes you to court to evict you, you will have the opportunity to present reasons why you believe youshould not be evicted.4. If you believe you have a good reason why you should not be evicted, you may have a lawyer advise you. Call him or her soon.DateSignature of owner of premises or agentAddressCity, state, zip*NOTE: Except for a 7-day notice given under the authority of MCL 600.5714(1)(a), a 24-hour notice given under the authority of MCL600.5714(1)(b), or a 90-day notice given under the authority of Public Law No. 111-22, § 702, 123 Stat 1660 after foreclosure of the premises,if the lease agreement does not state otherwise, the landlord/landlady must give notice equal in time to at least one rental period.CERTIFICATE OF SERVICEI certify that on I served this notice onDateNamebyTelephone no.delivering it personally to the person in possession.delivering it on the premises to a member of his/her family or household or an employee of suitable age and discretionwith a request that it be delivered to the person in possession.first-class mail addressed to the person in possession.SignatureCourt copy (to be copied, if necessary, to attach to the complaint)DC 100c (3/10) NOTICE TO QUIT, TERMINATION OF TENANCY, Landlord-TenantMCL 600.5714(1)(a), (b), MCL 600.5716,PL 111-22 § 702, 123 Stat 166053

Approved, SCAOSTATE OF MICHIGANNOTICE TO QUITTERMINATION OF TENANCYLandlord-TenantTO:1. Your landlord/landlady, , is terminating your tenancy and wants toName (type or print)evict you from:Address or description of premises rented (if different from mailing address):because your tenancy has ended. other:2. You must move by or your landlord/landlady may take you to court to evict you.Date (*see note)3. If your landlord/landlady takes you to court to evict you, you will have the opportunity to present reasons why you believe youshould not be evicted.4. If you believe you have a good reason why you should not be evicted, you may have a lawyer advise you. Call him or her soon.DateSignature of owner of premises or agentAddressCity, state, zipTelephone no.*NOTE: Except for a 7-day notice given under the authority of MCL 600.5714(1)(a), a 24-hour notice given under the authority of MCL600.5714(1)(b), or a 90-day notice given under the authority of Public Law No. 111-22, § 702, 123 Stat 1660 after foreclosure of the premises,if the lease agreement does not state otherwise, the landlord/landlady must give notice equal in time to at least one rental period.1. Call your own lawyer.HOW TO GET LEGAL HELP2. If you do not have an attorney but have money to retain one, you may locate an attorney through the State Bar of MichiganLawyer Referral Service at 1-800-968-0738 or through a local lawyer referral service. Lawyer referral services should be listedin the yellow pages of your telephone directory or you can find a local lawyer referral service at www.michbar.org.3. If you do not have an attorney and cannot pay for legal help, you may qualify for assistance through a local legal aid office. Legalaid offices should be listed in the yellow pages of your telephone directory or you can find a local legal aid office atwww.michiganlegalaid.org. If you do not have Internet access at home, you can access the Internet at your local library.Tenant's copyDC 100c (3/10) NOTICE TO QUIT, TERMINATION OF TENANCY, Landlord-TenantMCL 600.5714(1)(a), (b), MCL 600.5716,PL 111-22 § 702, 123 Stat 166054

Approved, SCAOCourt addressSTATE OF MICHIGANJUDICIAL DISTRICTCOMPLAINTTERMINATION OF TENANCYLandlord - TenantOriginal - Court1st copy - Tenant2nd copy - Mailing3rd copy - LandlordCASE NO.Court telephone no.Plaintiff name(s), address(es), and telephone no(s).Defendant name(s) and address(es)vPlaintiff's attorney, bar no., address, and telephone no.The plaintiff states:1. Attached to this complaint is a copy of the lease or occupancy agreement, if any, under which possession is claimed, and a copyof any notice to quit or demand for possession showing when and how it was served.2. The owner of the property described in the attached notice to quit is: .Name (type or print)3. The defendant is in possession of the following portion of the property:4. The plaintiff has terminated tenancy and has a right to possession of the property because:a. lease expired on . b. tenancy terminated by notice to quit.c. lease terminated per provision in lease (para no. ). d. defendant is a trespasser. See instructions on other side.e. forcible entry was made or possession was held by force after a peaceful entry.f. other: Explain.5. (If applicable.) The tenancy involves regulated housing operated by or under rules of a governmental unit. The rule or lawunder which the tenancy is ended is6. (If applicable.) The plaintiff declares that this residential property was kept fit for the use intended and has been kept inreasonable repair during the term of the lease.7. The defendant has not complied with the demands made and has not moved.8. The plaintiff asks for a judgment of possession and costs and asks the court to issue an order to evict the occupants.9. The plaintiff demands a jury trial.10. There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in this complaint.11. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complainthas been previously filed inCourt. The docket number and assigned judge are:The action remains is no longer pending.SUPPLEMENTAL COMPLAINT12. (If applicable.) Complaint is made and judgment is sought for money damages against the defendant as follows:DatePlaintiff/Attorney signatureDC 102c (3/11) COMPLAINT, TERMINATION OF TENANCY, Landlord - TenantMCR 2.113(C), MCR 4.201(B)55

Approved, SCAOSTATE OF MICHIGANDEMAND FOR POSSESSIONNONPAYMENT OF RENTLandlord-TenantTO:Notice to mobile home owners who rentland in a mobile home park:If you have been late on payments on three ormore occasions during any 12-month periodand the park owner has given you a writtendemand for possession for nonpayment of renton each occasion, the park owner may have justcause to evict you.1. Your landlord/landlady, , says that you owe $ rent:Name (type or print)Address or description of premises rented (if different from mailing address):2. If you owe this rent, you must do one of the following within 7 days from the date this notice was served.a. Pay the rent owed. or b. Move out or vacate the premises.If you do not do one of the above, your landlord/landlady may take you to court to evict you. If you move out or vacate, youmay still owe rent.3. If you have paid the rent, or if you believe there is good reason why you do not owe the rent, you will have the opportunity topresent reasons why you believe you should not be evicted.4. If you believe there is a good reason why you do not owe the rent claimed by your landlord/landlady, you may have a lawyeradvise you. Call him or her soon.DateSignature of owner of premises or agentAddressCity, state, zipTelephone no.CERTIFICATE OF SERVICEI certify that on I served this notice onDateNamebydelivering it personally to the person in possession.delivering it on the premises to a member of his/her family or household or an employee of suitable age and discretionwith a request that it be delivered to the person in possession.first-class mail addressed to the person in possession.SignatureCourt copy (to be copied, if necessary, to attach to the complaint)DC 100a (3/10) DEMAND FOR POSSESSION, NONPAYMENT OF RENT, Landlord-TenantMCL 600.5714(1)(a), MCL 600.5716,MCL 600.5718, MCL 600.5775(2)(f)56

Approved, SCAOSTATE OF MICHIGANDEMAND FOR POSSESSIONNONPAYMENT OF RENTLandlord-TenantTO:Notice to mobile home owners who rentland in a mobile home park:If you have been late on payments on three ormore occasions during any 12-month periodand the park owner has given you a writtendemand for possession for nonpayment of renton each occasion, the park owner may have justcause to evict you.1. Your landlord/landlady, , says that you owe $ rent:Name (type or print)Address or description of premises rented (if different from mailing address):2. If you owe this rent, you must do one of the following within 7 days from the date this notice was served.a. Pay the rent owed. or b. Move out or vacate the premises.If you do not do one of the above, your landlord/landlady may take you to court to evict you. If you move out or vacate, youmay still owe rent.3. If you have paid the rent, or if you believe there is good reason why you do not owe the rent, you will have the opportunity topresent reasons why you believe you should not be evicted.4. If you believe there is a good reason why you do not owe the rent claimed by your landlord/landlady, you may have a lawyeradvise you. Call him or her soon.DateSignature of owner of premises or agentAddressCity, state, zipTelephone no.HOW TO GET LEGAL HELP1. Call your own lawyer.2. If you do not have an attorney but have money to retain one, you may locate an attorney through the State Bar of MichiganLawyer Referral Service at 1-800-968-0738 or through a local lawyer referral service. Lawyer referral services should be listedin the yellow pages of your telephone directory or you can find a local lawyer referral service at www.michbar.org.3. If you do not have an attorney and cannot pay for legal help, you may qualify for assistance through a local legal aid office. Legalaid offices should be listed in the yellow pages of your telephone directory or you can find a local legal aid office atwww.michiganlegalaid.org. If you do not have Internet access at home, you can access the Internet at your local library.Tenant's copyDC 100a (3/10) DEMAND FOR POSSESSION, NONPAYMENT OF RENT, Landlord-TenantMCL 600.5714(1)(a), MCL 600.5716,MCL 600.5718, MCL 600.5775(2)(f)57

Approved, SCAOCourt addressSTATE OF MICHIGANJUDICIAL DISTRICTCOMPLAINTNONPAYMENT OF RENTLandlord - TenantOriginal - Court1st copy - Tenant2nd copy - Mailing3rd copy - LandlordCASE NO.Court telephone no.Plaintiff name(s), address(es), and telephone no(s).Defendant name(s) and address(es)vPlaintiff's attorney, bar no., address, and telephone no.The plaintiff states:1. Attached to this complaint is a copy of the lease or occupancy agreement, if any, under which possession is claimed, and a copyof the notice to quit or demand for possession showing when and how it was served.2. The owner of the property described in the attached demand for possession is:3. The defendant is in possession of the following portion of the property:Name (type or print)4. The plaintiff has a right to possession of the property for nonpayment of rent:a. Rental rate: $ per b. Payable on:Day or datec. Rent is paid through d. Total rent due now is $Datee. Other money is due: $ for and due by5. (If applicable.) The tenancy involves housing operated by or under rules of a governmental unit. The rule or law underwhich the tenancy is ended is .6. (Must be checked unless modified by lease.) The plaintiff declares that this residential property was kept fit for the use intended,and has been kept in reasonable repair during the term of the lease.7. The defendant has not complied with the demands made.8. The plaintiff asks for a judgment of possession and costs and asks the court to issue an order to evict the occupants.9. A jury trial is demanded.10. There is no other pending or resolved civil action arising out of the same transaction or occurrence alleged in this complaint.11. A civil action between these parties or other parties arising out of the transaction or occurrence alleged in this complainthas been previously filed inCourt. The docket number and assigned judge are:The action remains is no longer pending.SUPPLEMENTAL COMPLAINT12. (If applicable.) Complaint is made and judgment is sought for money damages against the defendant as follows:Rent owing as set out in paragraph 4 above, plus additional rent at the rate of $ peruntil judgment, plus costs.Damages claimed:DatePlaintiff/Attorney signatureDC 102a (3/09) COMPLAINT, NONPAYMENT OF RENT, Landlord - TenantMCR 2.113(C), MCR 4.201(B)58

Approved, SCAOSTATE OF MICHIGANJUDICIAL DISTRICTCourt addressSUMMONSLandlord-Tenant / Land ContractOriginal - Court1st copy - Tenant2nd copy - Mailing3rd copy - Landlord/Landlady4th copy - Proof of serviceCASE NO.Court telephone no.Plaintiff's name, address, and telephone no.Plaintiff's attorney, bar no., address, and telephone no.vDefendant's name, address, and telephone no.If you require special accommodations to use the courtbecause of a disability or if you require a foreign languageinterpreter to help you fully participate in court proceedings,please contact the court immediately to make arrangements.NOTICE TO THE DEFENDANT: In the name of the people of the State of Michigan you are notified:to recover possession, after land contract forfeiture, of1. The plaintiff has filed a complaint against you and wants a money judgment forto evict you fromAddress or description of premisesRental unit evictionLand contract forfeiture2. You are summoned to be in the district court on atDay and dateTimeat the address above, , courtroom .Location3. You have the right to a jury trial. If you do not demand a jury trial and pay the required jury fee in your first defense response,you will lose this right.4. If you are in district court on time, you will have an opportunity to give the reasons why you feel you should not be evicted.Bring witnesses, receipts, and other necessary papers with you.5. If you are not in district court on time, you may be evicted without a trial and a money judgment may be entered against you.Date issued*The certificate of mailing applies to landlord-tenant cases only.Court clerkCERTIFICATE OF MAILING BY COURT*This document must be sealed by the seal of the court.I certify that on this date I served a copy of this summons and the complaint and required attachments on the defendants by firstclassmail addressed to their last-known addresses as defined in MCR 2.107(C)(3).DateCourt clerk/officerCERTIFICATE OF MAILING BY PLAINTIFF*I certify that on this date I served a copy of this summons and the complaint and required attachments on the defendants by firstclassmail addressed to their last-known addresses as defined in MCR 2.107(C)(3). I have attached a receipt of mailing fromthe post office.DateDC 104 (3/08) SUMMONS, LANDLORD-TENANT / LAND CONTRACTPlaintiff signatureMCL 600.5735,MCR 2.102, MCR 4.201(C), MCR 4.202(E)59

PROOF OF SERVICESUMMONSLandlord-Tenant / Land ContractCase No.TO PROCESS SERVER: You are to serve the summons and complaint and attachments as instructed. You must make andfile your proof of service with the court clerk. If you are unable to complete service, you must return this original and all copies tothe court clerk.CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICEOFFICER CERTIFICATEI certify that I am a sheriff, deputy sheriff, bailiff, appointedcourt officer, or attorney for a party (MCR 2.104[A][2]), andthat: (notarization not required)PERSONAL SERVICEORAFFIDAVIT OF PROCESS SERVERBeing first duly sworn, I state that I am a legally competentadult who is not a party or an officer of a corporate party, andthat: (notarization required)I have personally served a copy of the summons, complaint, and attachments on the defendant(s):Defendant's name Complete address of service Day, date, timeDefendant's name Complete address of service Day, date, timeSUBSTITUTED SERVICE (As to residential premises only.) Not being able to find the following named defendant(s),,Name(s)on at atDate Time Place of service, I left the summons, complaint, and attachments at the current residence of defendant(s) with, the of defendant(s), who is ofNameState relationshipsuitable age. I explained the contents and requested delivery of the pleadings to the defendant(s).NONSERVICE RETURNAfter diligent search and inquiry, I have been unable to find and serve the defendant(s). I havemade the following efforts at personal /substituted service:SERVICE BY ATTACHMENT (Landlord-Tenant cases only.) I attached the pleadings onDateto the main entrance of the tenant's dwelling unit in a secure manner.I declare that the statements above are true to the best of my information, knowledge, and belief.Service fee Mileage Mileage fee Total fee$ $ $SignatureName (type or print)TitleSubscribed and sworn to before me on , County, Michigan.DateMy commission expires:DateNotary public, State of Michigan, County ofSignature:Deputy clerk/Notary publicACKNOWLEDGMENT OF SERVICEI acknowledge that I have received service of the summons, complaint, and attachment on .DateSignature:On behalf of:61

Approved, SCAOCourt addressSTATE OF MICHIGANJUDICIAL DISTRICTJUDGMENTLANDLORD-TENANTOriginal - Court1st copy - Defendant2nd copy - Defendant3rd copy - PlaintiffCASE NO.Court telephone no.PlaintiffvDefendantTHE COURT FINDS:Plaintiff/AttorneyDefendant/AttorneyTO THE DEFENDANT:Personal servicePersonal serviceby hearing default* consent***For a defendant on active military duty, default judgment shallnot be entered except as provided by the Servicemembers CivilRelief Act.POSSESSION JUDGMENT1. The plaintiff has a right to possession.2. There is now due to plaintiff:a. Rent to retain possession $b. Costs ............................ $c. Total ............................. $3. The defendant has a right to possession.4. a. An order evicting you will be issued unless you pay the plaintiff or court the amount due in item 2c above or unless youmove out on or before .ORDateb. An order evicting you will be issued on or after unless you move.Date5. You may be liable for money damages after you move if additional rent is owed or if there is damage to the property.6. Acceptance of partial payment of the total amount due in item 2c above will will not prevent an order evictingyou from being issued.7. No money judgment is entered at this time.MONEY JUDGMENT8. A possession judgment was previously entered.9. A money judgment is entered as follows: a. Damages $b. Costs $This judgment will earn interest at statutory rates. c. Total $10. FURTHER ORDERS:11. YOU ARE ADVISED that you may file a motion for a new trial, a motion to set aside a default judgment, or an appeal andappeal bond. This must comply with all court rules and must be filed in court by .You may want legal help.Date12. MCR 4.201(I) was explained to parties.DateJudgeCERTIFICATE OF MAILING: I certify that on this date I served a copy ofthis judgment on the parties or their attorneys by first-class mail addressedto their last-known addresses as defined in MCR 2.107(C)(3).**Approved:DatePlaintiff/AttorneyBar no.DateDeputy clerkDateDefendant/AttorneyDC 105 (3/08) JUDGMENT, LANDLORD-TENANTMCR 4.201(K)(1)(d), 50 USC 52162

Approved, SCAOCourt addressSTATE OF MICHIGANJUDICIAL DISTRICTAPPLICATION AND ORDER OF EVICTIONLandlord-Tenant / Land ContractOriginal - Officer return1st copy - Court2nd copy - Defendant3rd copy - PlaintiffCASE NO.Court telephone no.Plaintiff name, address, and telephone no.Defendant name(s) and address(es)vPlaintiff's attorney, bar no., address, and telephone no.APPLICATION1. On judgment was entered against the defendant(s) and the plaintiff was awardedDatepossession of the following described property:2. No payment has been made on the judgment or no rent has been received since the date of judgment, except the sum of$ received under the following conditions:3. The plaintiff has complied with the terms of the judgment.4. The time stated in the judgment before an order of eviction can be issued has elapsed.I declare that the statements above are true to the best of my information, knowledge, and belief.DatePlaintiff/Attorney signatureORDER OF EVICTIONIN THE NAME OF THE PEOPLE OF THE STATE OF MICHIGAN:To the Court Officer: You are ordered to restore the plaintiff to, and put the plaintiff in, full possession of the premises.SEALDate issued Judge Bar no.NOTE: In tenancy cases, this order must be served within 56 days of the issuance date.DC 107 (3/09) APPLICATION AND ORDER OF EVICTION, Landlord-Tenant / Land ContractMCL 600.5744, MCR 4.201(L),MCR 4.202(K)63

RETURNI certify and return that on I executed the order of eviction on the reverse side of this formDateby evictingName(s)from the property, and I have restored the plaintiff to peaceful possession as ordered.Date(Deputy) sheriff/Court officer/BailiffService feeMiles traveled Fee$ $Incorrect address fee Miles traveled FeeTOTAL FEE$ $ $64

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