LANDLORD TENANT - SUMMARY PROCEEDINGS
GENERAL GUIDELINES FOR FILING
COVID Emergency Rental Assistance (CERA)
The following resources are for tenants and landlords who have been unable to pay rent (or receive rent) because of a loss of income due to COVID. You may apply for funding or legal aid online.
Wayne Metro Community Action Agency: 734-284-6999
Lakeshore Legal Aid: 888-783-8190
THE 17TH JUDICIAL DISTRICT COURT OF THE STATE OF MICHIGAN
15111 Beech Daly Road, Redford, Michigan 48239
Please follow this link for Forms: https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
THIS INFORMATION IS DESIGNED TO PROVIDE PROCEDURAL INFORMATION ABOUT LANDLORD TENANT-SUMMARY PROCEEDINGS. IT IS NOT INTENDED TO GIVE LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS REGARDING THE LEGAL ASPECTS OF YOUR CASE, PLEASE CONSULT WITH AN ATTORNEY.
1. To regain possession of your premises, you must serve the tenant with a NOTICE TO QUIT, for either:
- NON-PAYMENT OF RENT (DC 100a),
- TO RECOVER POSSESSION OF PROPERTY Termination of Tenancy (DC 100c)
- Or any other type notice as permitted by law.
Important points to consider: If you want to evict the tenant, serve a NOTICE TO QUIT TO RECOVER POSSESSION OF PROPERTY. If you want the tenant to pay the rent and stay or be evicted if not paid serve a NOTICE TO QUIT FOR NON-PAYMENT OF RENT.
NON-PAYMENT OF RENT requires notice of at least seven days.
TERMINATION OF TENANCY/RECOVER POSSESSION OF PROPERTY requires notice equal to the payment schedule determined by the rental agreement, i.e. weekly, bi-weekly, and monthly.
2. To file suit, after the time given in the NOTICE TO QUIT has elapsed, you should bring to the court:
- 3 copies of the NOTICE TO QUIT with proof of service at the bottom of the page filled out.
- 3 copies of any existing lease agreement on standard 8 1/2 x 11- inch paper.
- Complaint (for appropriate lawsuit), completely filled out and signed.
- Summons (DC 104), partially filled out.
- An envelope, stamped and addressed to the defendant (tenant) with enough postage to bear the weight of the pleadings (includes a copy of the notice to quit, the lease, the summons and complaint)
- An envelope, stamped and addressed to the landlord/attorney to return your copies of the issued pleadings.
- $55.00 filing fee for possession of premises, see back for money judgment filing fees.
IMPORTANT POINTS TO CONSIDER: : If you need service on a second tenant, you will need (2) Summons and Complaints; (5) copies of the NOTICE TO QUIT, and (5) copies of any existing lease agreement; and (2) envelopes addressed to the defendants. When you have all your papers together, the clerk will file your suit and set your case for hearing.
At the bottom of the page of the Complaint form, is a part called Supplemental Damages for a money judgment. This is a separate claim, requiring an additional filing fee and personal service. Personal service of the papers is not guaranteed at that time, as the papers must be served quickly or posted, due to the hearing date set on the Summons at the time of filing. Following is a list of the current filing fees for possession and a money judgment:
0 - $600.00 - $90.00 filing fee
$601.00 - $1750.00 - $110.00 filing fee
$1751.00 - $10,000.00 - $130.00 filing fee
$10,001.00 - $25,000.00 - $215.00 filing fee
Filing fee made payable to the 17th District Court in the form of cash, check/visa/master card or discover.
Because of the expediency required in landlord-tenant cases, the Court Officers do not always have time to contact you if you paid for a money judgment, and they cannot obtain personal service. Your paperwork will be posted to the dwelling, so you can receive a judgment of possession. You may have to obtain a money judgment through other methods if the defendants do not appear in court.
COURT OFFICERS AVAILABLE FOR SERVICE:
Charles Wagner (248) 867-6635 or
Allen Hope & Associates (810) 239-7788
***If the Plaintiff is a Corporation, LLC, or Property Management Company, an attorney is required to represent them at all court proceedings.
A Judgment form must be provided to the Judge at the time of your in-person hearing. The form is available to purchase at the court for $1.00 either at the time of filing or the day of court.
Judgment forms may be emailed to the civil clerk if heard by ZOOM the day of hearing at email@example.com.
When filing an Order of Eviction (DC 107), there is a $15.00 filing fee to the court.
The Court Officer assigned by the Court to file the original summons and complaint, will proceed through judgment to the Order of Eviction, unless a different Officer is requested at the time of filing the Order of Eviction. Parties that have arranged for their own service, may request either: Charles Wagner (248) 867-6635 or Allen Hope & Associates (810) 239-7788 to effectuate their Order.