Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 20

ADVERTISEMENT

c) By first-class mail, addressed to the
Most district courts will provide the
tenant.
landlord with pre-approved court forms, if
requested. These forms meet all Michigan
If the notice is delivered personally, the
statutory and court-rule requirements.
time of the notice begins to run the next day.
However, they must be properly filled out. It
If the notice is mailed, the time begins the
is suggested that anyone not using the pre-
next mail delivery day (not a Sunday or
approved court forms consult with an
holiday).
attorney.
The eviction notice is not the same as
The lawsuit for eviction begins like any
an Order of Eviction. A tenant is not
other lawsuit – the plaintiff (the landlord)
required to move when the eviction notice
files the appropriate paperwork with the
expires – he or she may have a valid defense
court. Jurisdiction over eviction proceedings
to the landlord’s reason for eviction.
is granted to the district court and the few
Expiration of the 24-hour or 7-day or 30-day
remaining municipal courts.
time period only enables the landlord to file
a lawsuit.
The Complaint tells the court why the
landlord seeks to regain possession of his or
Remember: Only a court officer may
her rental property – much the same as the
remove the tenant and tenant’s personal
original Notice of Eviction. The Complaint
items from the rental property – and only
MUST include:
under court order.
a) A description of the rental property;
b) The reason(s) for eviction;
TAKING THE ACTION TO COURT
c) A demand for a jury trial (if the
landlord wants a jury);
Q1 What must the landlord do to begin a
d) If rent or other money is due, the
lawsuit for eviction?
rental period and rate, the amount
If some agreement or understanding
due and unpaid when the Complaint
cannot be worked out by the parties, and if
was filed, and date(s) the payments
the eviction notice has been properly
became due; and
delivered and the 24-hour or 7-day or 30-
e) Allegations that the landlord has kept
day time period has passed, the landlord
the residential rental property fit for
may commence a lawsuit – known as a
the use intended and in reasonable
Summary Proceedings action. This section
repair during the term of the lease
will outline how the landlord may bring an
(unless the lease term is a year or
action, and what the tenant can expect when
more and the parties have modified
being sued.
these obligations by contract).
The paperwork. The paperwork
The following paperwork MUST BE
necessary to begin a lawsuit includes the
ATTACHED to the Complaint:
following:
a) A copy of the Notice of Eviction;
a) Summons;
and
b) Complaint;
b) The lease (unless the tenancy was
c) Copy of the Notice of Eviction
created by an oral agreement).
(attached to the Complaint); and
d) Lease (attached to the Complaint), if
The Summons MUST accompany the
any.
Complaint commanding the tenant to appear
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 18

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal