Landlord Tenant cases follow the same set of court rules as general civil cases and require the same burden of proof. However, landlord-tenant cases follow much different timelines than general civil or small claims cases.
Filing a Landord Tenant Case:
Based on the desired outcome, you have two options when filing a landlord tenant case:
- If you want the tenant to pay the rent and stay, or be evicted upon failure to pay:
- Serve them with a Demand for Possession for Non-Payment of Rent (DC100a).
- Requires notice of at least seven (7) days.
- If you want to evict the tenant:
- Serve them with a Notice to Quit Termination of Tenancy (DC100c).
- Requires notice equal to the payment schedule determined by the rental agreement.
You must wait until after the required notice period has elapsed, then bring the following items to court:
- The original Notice (DC100a or DC100c), plus three copies with proof of service (bottom of page) completed, signed and notarized.
- Three copies of any existing lease agreement, rental agreement, land contract, or sheriff’s deed.
- The Complaint (DC102a or DC102c) completely filled out and signed, plus four copies.
- The Summons (DC104) filled out with both party names and addresses (non-carbonized forms you must provide five copies).
- Filing fee.
If there is more than one defendant (tenant) on a case, you must provide a set of the above papers for each defendant.
The owner of the property, or his/her attorney, must appear in court at the time of the hearing. If you have any questions regarding the legal aspects of your case, please consult an attorney.
For the fees associated with landlord-tenant cases, see the Civil Fees Page.
For more information on Landlord-Tenant cases, additional online help is available through Michigan Legal Help.