Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 21
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39at the district court for trial. It MUST also
suitable age – requesting that it be
include information, advising the tenant that:
delivered to the tenant; OR
d) After diligent attempts at personal
a) The tenant has the right to employ an
service, by securely attaching the
attorney;
papers to the main entrance of the
b) If the tenant does not have an
rental property unit.
attorney, but can otherwise afford to
retain one, to contact the State Bar of
(Note: This delivery method differs slightly
Michigan or a local lawyer referral
from delivery of the initial Notice of
service;
Eviction. Here, two methods of delivery are
c) If the tenant cannot pay for an
required.)
attorney, he or she might qualify for
Landlord’s Checklist for Commencing
free legal services assistance; and
An Eviction Proceeding
d) The tenant has the right to a jury trial
The Notice of Eviction was properly
(the fee must be paid when the
delivered to the tenant and the proper
demand is made in the first response
time period, usually either 24 hours
– written or oral).
or 7 days or 30 days, has passed.
Proper filing of the paperwork with the
The preapproved court forms – the
court. The paperwork MUST be properly
Complaint and Summons – are
filed with the appropriate district court, as
properly completed.
only this court has jurisdiction over eviction
Copies of the Notice of Eviction and
proceedings. A lawsuit for eviction is filed
Lease are attached to the Complaint.
in the district court in the county where the
All paperwork is filed with the
rental property is located. Sometimes, the
appropriate district or municipal
district court’s jurisdiction borders are the
court.
same as the municipal borders, but this is
All paperwork is properly delivered
not always the case. Check with the local
to the tenant.
court to determine the proper district court
for your lawsuit.
Q2 What must the tenant do after
receiving the Complaint?
Proper delivery of the paperwork to the
tenant. The paperwork MUST be properly
The lawsuit for eviction is like any other
delivered to the tenant, notifying him or her
lawsuit. Once a Complaint is received, the
that legal action has begun (and proof of
tenant MUST APPEAR AND ANSWER by
how and when they were delivered must be
the date on the Summons. The time period is
filed with the court). The Summons and
short – generally 3 to 10 days. At the
Complaint and a copy of the original Notice
hearing, the tenant must answer either in
of Eviction and Lease MUST be properly
person, orally, or by filing a written
delivered to the tenant BY MAIL AND
response addressing each of the allegations
ONE OTHER WAY:
in the landlord’s Complaint. The tenant’s
answer generally objects to the landlord’s
a) Personally; OR
reason(s) for the eviction and explains why
b) By first-class mail – certified, return-
the court should not evict the tenant from the
receipt requested, restricted delivery;
rental property. The tenant also has the
OR
opportunity at this time to state a
c) At the rental property, to a member
counterclaim with the answer and request a
of the tenant’s household – of
jury.
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 19
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