52-2 District Court Landlord Tenant

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

The action must be filed at 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 to quit 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 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) will be filed.

To File a Suit

When filing a landlord / tenant suit against one (1) defendant, you must have:

After the time given in the Notice To Quit has elapsed, you should bring to the court:

Four (4) copies of the notice for non-payment of rent or termination of tenancy
Four (4) copies of the lease/rental agreement, if applicable
Four (4) copies of the summons
Four (4) copies of the complaint
One (1) envelope addressed to the defendant, with adequate postage
One envelope addressed to the Plaintiff/Landlord
Appropriate filing fee
Service fee will be billed by court officer

When filing a landlord / tenant suit against two (2) defendants, you must have:

After the time given in the Notice To Quit has elapsed, you should bring to the court:

Eight (8) copies of the notice for non-payment of rent or termination of tenancy
Eight (8) copies of the lease/rental agreement, if applicable
Eight (8) copies of summons - please list both defendants on each form
Eight (8) copies of complaints - please list both defendants on each form
Two (2) envelopes, one addressed to each defendant, with adequate postage
One envelope addressed to the Plaintiff/Landlord
Appropriate filing fee
Service fee will be billed by court officer

For each additional defendant you must file four more copies of each form and attachment as well as an envelope for each party.

At the bottom of the page of the Complaint form is a part called Supplemental Damages. This is a separate suit, requiring an additional filing fee and personal service. Personal service of the papers is not guaranteed at that time as the papers must be served quickly or posted, due to the hearing date set on the Summons at the time of filing.
The owner of the property or his attorney must appear in court at the time of the hearing.
When you have all your papers together, the clerk will file your suit and set your case for hearing.
If you have any questions regarding the legal aspects of your case, please consult with an attorney.

Fees & Forms

Landlord / Tenant Forms

Below is a list of the commonly used General Civil forms by the 52nd District Court, 2nd Division - Civil Division:

Note: When printing documents, be sure to print all pages in the PDF, every page is needed. Please bring four (4) copies of each form when filing, including the lease. In addition, please include a self-addressed, stamped envelope for each party.

New Forms 7/2020

Additional Landlord Tenant forms can be found at the Michigan Courts website.

Landlord / Tenant Fees

Service Fees

Oakland County, MI

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6th Circuit Court

52-2 District Court Landlord Tenant

To File a Suit

Fees & Forms

New Forms 7/2020