HOW TO FILE LANDLORD-TENANT CASES

MCR 4.201, which governs summary proceedings to recover possession of premises, has been amended effective November 6, 2023.  The 46th District Court has been approved for an extenstion to postpone implementation until December 6, 2023.  Please click here for more information.

For your convenience, the court has prepared the following guidelines for filing summary proceeding cases.

The 46th District Court will launch MiFILE on December 5, 2023.

Landlord-Tenant cases require the following forms:

The Landlord/Plaintiff should include the Resource Flier with each service packet.

For one defendant:

• A summons conforming to MCR 4.201(C) containing an original and four copies.  Make sure to use a 5-part set (DC 104).
• A complaint consisting of an original and four copies (DC 102a, 102b or 102c).
• 3 copies of the appropriate Notice to Quit or Demand for Possession (DC 100a, 100b or 100c).
• 3 copies of the lease agreement or other instrument upon which the occupancy is based.
• An envelope addressed to the defendant with enough postage to mail a copy of the summons and complaint, lease agreement, and Notice to Quit.  The return address on the envelope should be to the District Court.

For two defendants:

• A 5-part summons form and 2 additional copies with instructions for legal help, (photocopy page 2 and 3 of the form).
• A complaint form and 2 additional copies.
• 5 copies of the lease agreement or other instrument upon which the occupancy is based.
• 5 copies of the appropriate Notice to Quit (DC 100a, 100b or 100c).
• An envelope addressed to each defendant with sufficient postage for all the above papers.

FOR EACH ADDITIONAL DEFENDANT YOU MUST FILE TWO MORE COPIES OF EACH FORM AND ATTACHMENTS, AS WELL AS AN ENVELOPE FOR EACH PARTY.

The filing fee for possession only is $55.  If you are filing a supplemental complaint for money damages, there is an additional fee, based on the money judgment requested.  The fees are as follows:

These fees are in addition to the $55; therefore, if you are filing for possession and a money judgment, your filing fee will be $90, $110, $130 or $215.

*The above fees are effective March 1, 2016, and include the electronic filing fee.*

Effective December 5, 2023 - For non-payment of rent cases, upon written request from an attorney or landlord, the court will provide an additional mailing (required by MCR 4.201 for a default to enter).  The attorney/landlord should file DC536, REQUEST FOR COURT MAILING AND RECORD OF MAILING BY COURT. The court will charge $13 per defendant for this additional mailing, which will be sent out in the court’s official envelope.

At the time of filing your case, you may also be required to pay to have the defendant(s) served.  This fee is $24 plus mileage, per defendant, and must be paid by check or money order.

LANDLORD TENANT HEARINGS

Non-payment of rent cases are being returned to the Judges’ dockets. The court is no longer required to conduct a pretrial, however at the first trial date the Court must advise tenants of their rights, give the defendant an opportunity to apply for financial assistance and seek legal representation. The court rules allow for defaults, dismissals, consent judgements or conditional dismissals at the trial date, if all the requirements are met.  In some cases, an adjournment may be required. Please refer to MCR 4.201 for details of the new rules.

Landlords or their attorneys are required to appear (in person) at the initial trial. Failure to appear at the first trial may result in a dismissal or default being entered. If required, the Court will adjourn the case for a second trial date.