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Landlord / Tenant Eviction Proceedings
Overview
The 41-A District Court hears disputes between landlord and tenant(s) within the City of Sterling Heights.
The disputes may be for:
- Non-payment of rent
- Termination of tenancy
- Health hazard/injury to premises
- Land contract forfeitures and disputes
The action must be filed in the District Court where the premises is located, not exceeding $25,000 for money judgment claims. If the claim amount exceeds $25,000, the District Court may determine the possession matter while the Circuit Court determines the money portion.
Definitions
Tenant
A tenant is a person renting an apartment, house, mobile home or building.
Landlord
A landlord is a person who is renting the apartment, house, mobile home, or building to the Tenant. Both landlords and tenants have legal rights.
Initiating Action
Generally, a tenant must receive notice before a landlord can file a complaint with the Court. The notice may ask the tenant to pay the delinquent rent, move, repair or remove a health hazard or take some other action within 7 or 30 days depending on the type of notice served on the tenant. If the 7 or 30 days expire and the tenant has failed to comply, the landlord can start legal action by filing a summons and complaint with the Court, paying all the appropriate fees and having their tenants served with the summons and complaint.
Termination of Tenancy
If a landlord wishes to evict the tenant and regain possession of the premises, regardless of rent status, the landlord must first serve the tenant with the following notice(s):
- Notice to Quit, Termination of Tenancy
- And/or any other notice as permitted by law
This may be done by mailing the notice to the Renter, First Class Mail, handing the notice to the Renter personally, or by certified mail. The Landlord must then give the Renter 30 days to vacate the premises voluntarily before initiating a lawsuit with the Court.
Demand for Possession/Non-Payment of Rent
If a landlord allows the tenant to remain on the premises if rent is paid, the landlord must first serve the tenant with the following notice(s):
- Demand for Possession, Non-Payment of Rent
- And/or any other notice as permitted by law
If the tenant pays the rent owed, they are able to stay on the premises. However, if they fail to pay, they must move. If the tenant pays or moves, then the landlord does not need to file anything with the court.
Initiating a lawsuit
After expiration of either of the notices listed above, if the tenant has failed to pay or move, the landlord will file a lawsuit and bring with you to the court. This is done by filing a Summons and Complaint with the Court.
When filing the Summons and Complaint with the Court, the Landlord must also bring to the Court the following items:
For 1 Tenant
- One (1) original and two (2) copies of the Demand for Possession / Notice to Quit with the proof of service portion signed and notarized
- Three (3) copies of the lease or rental agreement
- One (1) carbon pack of Summons form, completed (court will set date)
- One (1) carbon pack of Complaint form, completed
- One (1) envelope stamped and addressed to the defendant (tenant) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- One (1) envelope stamped and addressed to the plaintiff (landlord) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- Appropriate filing fee (see below)
For 2 Tenants
- Two (2) original and four (4) copies of the Demand for Possession / Notice to Quit with the proof of service portion signed and notarized
- Five (5) copies of the lease or rental agreement
- Two (2) carbon pack of Summons form completed (court will set date)
- Two (2) carbon pack of Complaint form completed
- Two (2) envelope stamped and addressed to each defendant (tenant) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- Two (2) envelope stamped and addressed to the plaintiff (landlord) with enough postage to bear the weight of the pleadings (copy of the notice to quit, summons, complaint and the lease)
- Appropriate filing fee (see below)
Supplemental Damages
At the bottom of the complaint form is a section entitled Supplemental Damages. This is a separate suit for money damages, which requires an additional filing fee, listed below as Possession and Money. The summons and complaint must be personally served on the defendant (tenant) to obtain a money judgment. Service by attachment is insufficient service.
Filing Fees
| Demand Type | Fee |
|---|---|
| Possession only: | $55 |
| Possession and money: | |
| 0-$600 | $90 |
| $601-$1,750 | $110 |
| $1,751-$10,000 | $130 |
| $10,001-$25,000 | $215 |
Service Fees: $33.00 per defendant. Must be separate from the filing fee. Payable in Check, Cashier's Check, or Money Order to the assigned court officer.