Landlord/Tenant

Landlord/Tenant

**Due to construction, District Court has moved to the County Services Building, effective September 5, 2017, until further notice.

220 West Ellsworth, Midland, MI 48640

All LANDLORD/TENANT HEARINGS WILL BE HELD AT THE COUNTY SERVICES BUILDING.

Mail should still be sent to: 301 West Main Street, Midland, MI  48640

 

The Landlord/Tenant division is responsible for handling all real property evictions. Real property is considered land, and generally whatever is built on, growing on, or affixed to that land. 

Most commonly, the landlord tenant division handles four main types of cases: 

  1. Non-payment of rent
  2. Termination of tenancy
  3. Land-contract forfeitures and
  4. Evictions after the redemption period on a mortgage foreclosure 

Landlord/Tenant disputes are not handled by this department.  If you are a tenant or landlord and have questions regarding disputes, you will need to contact an attorney.  The clerks are not attorneys, and are barred by law from giving legal advice. You may also refer to the Landlord/Tenant Guide (available on the right side of this page) to see if your issue is addressed there. We do not have hard copies of the guide available for distribution.

There are different reasons that a landlord may want to evict a tenant. A landlord must specify the grounds to evict.

The grounds a landlord may cite to evict a tenant are:

  • Nonpayment of rent;
  • Extensive and continuing damage to property;
  • Serious and continuing health hazard;
  • Illegal drug activity and formal police report filed (lease provisions must allow for termination on these grounds);
  • Violation of a lease provision and the lease allows for termination;
  • Forceful entry or peaceful try, but forceful stay or trespass;
  • Holding over after expiration of lease term;
  • Assault of a landlord;
  • Just cause for terminating tenant of mobile home park (MCL 600.5775); and
  • Just cause for terminating tenant of government-subsidized housing (MCL 125.694a and 600.5714).

**Properties that are owned by Corporations or Limited Liability Corporations must be represented by an attorney.

How to start the eviction process at the 75th District Court

The first step in starting the eviction process is to serve the tenant with a notice.  The purpose of this notice is to inform the tenant in writing of the reasons the landlord may be filing a LT case, and to state the time limit for the tenant to take remedial action.  If the tenant does not comply with the notice, the landlord may then file to start the eviction process at the district court in which the rental property is located.

Below is a chart showing the different types of eviction notices that may be served upon a tenant, and a brief description of the different situations in which each is used.  You may click on the notice type to bring up that form.  

You must "serve" the "Tenant's copy" of the notice on the tenant. This can be done in one of three ways.

  • Delivering it personally to the tenant,
  • Delivering it on the premises to a member of the tenant's family or household, or an employee of the tenant, who is capable of understanding your instruction to deliver it to the tenant, with a request that it be delivered to the tenant, or
  • Sending it first-class mail addressed to the tenant at his or her last known address.

Some examples of improper service are slipping the demand under the tenant's door, leaving the demand outside the tenant's door, attaching the demand to the property, or mailing the demand by methods that require a signature.

Notice Period

Grounds for Eviction – Types of Notices

24 Hours

Illegal drug activity (Lease must specifically authorize this to be able to use)

7 Days

Nonpayment of rent; Extensive and continuing physical injury to property; or Serious and continuing health hazard

15 Days

Land contract forfeiture 

30 Days

Violation of a lease provision and the lease allows for termination; Forceful entry or peaceful try, but forceful stay or trespass; Holding over after natural expiration of lease term; Just cause for terminating tenant of mobile home park; or Just cause for terminating tenant of government-subsidized housing.

Non-Payment of Rent

A demand for possession non-payment of rent case may be filed after the landlord has served the tenant with the appropriate notice, and the tenant has not complied with that notice.  This is a 7-day notice in which the tenant has seven full days to pay the landlord the unpaid rent, or to move out.  If the tenant complies with the notice, the tenant has the right to stay.  If the tenant does not pay or move out within the seven days; then on the eighth day, the landlord may start the lawsuit at the court by filing the Summons and Complaint for Non-Payment of Rent

Notice to Quit

A notice to quit to recover possession of property may be filed after the landlord has served the tenant with the appropriate notice, and the tenant has not complied with that notice.  This is a 30 day, or one rental period notice in which the tenant has the allotted time to move out.  If the tenant fails to comply with the notice within the 30 full days or the rental period, the landlord may start the lawsuit at the court by filing the Summons and Complaint to Recover Possession of Property.  

 

WHEN FILING FOR A COURT DATE THE LANDLORD WILL ALSO NEED TO PROVIDE:
Summons and Complaint - to expedite the processing of the case – PLEASE use the Court’s forms for Summons and Complaint.  If not, PLEASE make multiple copies of all sides of the Summons and Complaint. 

A.    Original and copies of the Demand for Possession or Notice to Quit with certificate of service completed and the following number of copies:
        1 tenant – 2 copies
        2 tenants – 4 copies
B.    Complaint, completely filled out.  If not using the Court’s form, provide the original and the following number of copies:
        1 tenant – 3 copies
        2 tenants – 5 copies, etc.
C.    Summons, partially filled out. If not using the Court’s form, provide the original and the following number of copies:
        1 tenant – 4 copies (Need 2 copies with "Cert of Mailing" & 2 copies with "How to get legal help")
        2 tenants – 7 copies, etc. (Need 3 copies with "Cert of Mailing" & 4 copies with "How to get legal help")
D.     Copies of any existing lease or rental agreement
        1 tenant – 3 copies
        2 tenants – 5 copies, etc.
E.     Stamped envelopes: 
    One envelope addressed to you with 1 stamp (more if you are arranging service).
    An envelope addressed to each tenant with 2 stamps.     
    One envelope for process server with 4 stamps, not needed if service is to be accomplished by the Sheriff’s Office, documents will be returned to you & you will need to deliver to the Sheriff's Dept for service. (Sheriff’s Office requires pre-payment).

The two types of cases explained above are the most common type of landlord/tenant case filed, but there are other cases that may be filed for evictions as well.  To read more about these situations, please visit the landlord tenant self help section on the state court website by clicking here

Attorneys may call to schedule hearings ahead of time by calling: 989-832-6701.

You may also wish to consult with an attorney if you are unfamiliar with the eviction process.  

All corporations and LLC’s are required to be represented by an attorney.
 
Landlord tenant cases may be filed for either possession of the property only, or for an additional money judgment.  By filing for a money judgment, in addition to possession, the landlord is given the right to try and collect monies from the tenant that may be awarded to them by the judge/magistrate. In order to receive a money judgment, the tenant must receive the summons and complaint by personal service, or by attending the hearing.

Order of Eviction cannot be issued for at least 10 days. Only after waiting 10 days can a prevailing
landlord request that the judge issue an Order of Eviction.  

Writ for Evictions may only be served in Midland County by the Midland County Sheriff's Department. For service fees, they may be contacted at 989-839-4630.

Landlord/Tenant Guide

Filing Fees

Summary Proceedings:
Possession of Premises only (No $$ Judgment) - $55.00

Money Judgments:
Claims up to $600.00 - $90.00

Claims from $600.01 to $1750.00 - $110.00

Claims from $1750.01 to $10,000.00 - $130.00

Claims from $10,000.01 to $25,000.00 - $215.00

 

Service Fees

Process Server - $26.00 + mileage

 

Post Judgment Fees

Writ of Eviction - $15.00

Writ of Garnishment - $15.00

Request & Order to Seize Property - $15.00

Subpoena on Discovery - $15.00

Motion Fee** - $20.00**

** Multiple motions filed together for the same case will only be charged one motion fee

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