Landlord Tenant matters follow the same set of court rules as general civil matters and require the same burden of proof. However, landlord-tenant cases follow much different timelines than general civil or small claims cases.
Here are
changes to the 35th District Court’s Landlord-Tenant process*:
- When a case is e-filed the plaintiff or plaintiff’s attorney is no longer required to contact the court to obtain a court date. The court date will be set by the clerk and entered on the Summons. The initial hearing will continue to be scheduled on Wednesday afternoons at 2:00 p.m. for Non-Payment of Rent and Possession of Property. If the tenant appears, notice of the subsequent court date will be sent out via e-notification.
- Attached is the 35th District Court’s legal resources and social services document. This document is also available on the court’s website and on the TruFiling website.
- The plaintiff or plaintiff’s attorney is responsible for coordinating the delivery of the summons, complaints, and other documents to the court officer for service. Coordination can be done directly with the court officer or through GouRanger.
- The plaintiff or plaintiff’s attorney must submit the proof of service from the court officer to the Court. Reminder calls from the clerk will not be provided.
- The plaintiff or plaintiff’s attorney is responsible for preparing and mailing out the first mailing.
- The plaintiff or plaintiff’s attorney must submit a Dismissal by Plaintiff, rather than emailing or faxing a list of cases for dismissal.
*There may be additional updates as the Court navigates the transition to MiFILE.
Click here for Process Serving. *All Writs must be handled by a 35th District Court Process Server.
Filing a Claim:
Based on the outcome you want you have two options:
- If you want the tenant to pay the rent and stay or be evicted:
- If you want to evict the tenant:
You must wait until after the required notice has elapsed, then bring to court the following items:
- The Original form (DC100c or DC100a) plus three copies with proof of service (bottom of page) completed and signed.
- Summons filled out with both party names and addresses. (For non-carbonized forms you must provide five copies) The court will assign dates and times for your hearing.
- The complaint filled out completely and signed. (Non-carbonized forms, you must provide four copies). You will be charged if the court has to make copies.
- Four copies of any existing lease agreements.
- An envelope addressed to each defendant (tenant) with enough postage to bear the weight of the pleadings (which includes copies of all the above) and a self-addressed, stamped envelope to yourself. MINIMUM POSTAGE FOR TENANT ENVELOPES IS 2 OUNCES
- Filing fee(see fee schedule).
- You will be billed later by the court officer for service.
If there is more than one defendant (tenant) on a case, you must provide a set of the above papers for each defendant.
The owner of the property or his/her attorney must appear in court at the time of the hearing. If you have any questions regarding the legal aspects of your case, please consult an attorney or contact the court for Legal Aid telephone numbers.
Please Note:
- Prepaid envelopes to each tenant must have a minimum postage amount of 2 ounces.
- A separate check for each housing complex is required for the filing fee.
For all Fees related to landlord-tenant see the
Civil Fees Page.
Forms
How to get legal and social services help – 35th District Court Flyer
For more information or help on Landlord-Tenant cases, additional online help is available through Michigan Legal Help