52-2 District Court Landlord Tenant

Landlord Tenant - Proceedings to recover possession of premises and/or obtain a money judgment.

The action must be filed via MIFile with the District Court where the premises are located.

If there is a claim for a money judgment on a landlord tenant case the District Court has jurisdiction up to $25,000.00. If a claim for money exceeds the court's jurisdiction, the District Court determines the possession issue and the Circuit Court determines the money portion. Partnerships may not be represented in court by officers, directors, or other employees who are not licensed to practice law in Michigan.

To regain possession of your premises you must serve the tenant with a notice for either:

• Non-payment of rent (7-day notice)
• Termination of tenancy (30-day notice) or
• Any other type of notice as permitted by law

Non-payment of rent requires notice equal to the payment schedule determined by rental agreement, i.e., weekly, bi-weekly, monthly.

Termination of tenancy requires a 30-day notice when no lease is in effect.

When a landlord tenant non-payment of rent judgment has been entered, the tenant has 10 days to pay the judgment amount or vacate the premises, or a Writ of Restitution (writ to evict) may be filed.

To File a Suit

• Submit:
  • Notice for non-payment of rent or termination of tenancy
  • Copy of the lease/rental agreement, if applicable
  • Summons
  • Complaint
  • Advice of Rights
  • Local Rental & Housing Info Resource List
• Create a case filing, submit paperwork and pay filing fee through MIFile TrueFiling.
• Wait for the email with the Court accepted copy of the Summons containing the case number, Judge assigned to the case, and court date before serving the defendant.
• Decide how the defendant will be served (e.g., sheriff, deputy sheriff, bailiff, appointed court officer, attorney for party).
• Update MIFile case with proof of service and mailing prior to the court date.

Fees & Forms