Michigan Guide To Landlord Tenant Court
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Michigan Guide to Landlord-Tenant Court
USE THIS GUIDE IF YOU HAVE RECENTLY RECEIVED A SUMMONS AND COMPLAINT FOR LANDLORD-TENANT COURT AND ARE A RENTER IN MICHIGAN. IF YOU ARE A HOMEOWNER WITH A LAND CONTRACT, PLEASE CHECK OUR WEBSITE FOR THE RIGHT GUIDE. CONSENT ORDER [] 1. The Plaintiff is owed $_____ in back rent. [] 2. The back rent is to be reduced by $_____, because the Plaintiff failed to make the following repairs: ____________________________________
START HERE
NEED A LITTLE MORE INFORMATION?
Call 888-314-3409 extension 101 or visit http://www.streetdemocracy.org for our related video
Photocopy the Answer on the back of this flowchart.
Fill it in as you go through this flowchart. While you have the right to answer orally in court, it is better to file a written answer because it helps you know what your rights are and judges know what your side of the case is. YOU MUST FILE A WRITTEN ANSWER IF YOU HAVE COUNTERCLAIMS The first section of the Answer is in direct response to the points raised by the Landlord in the Complaint. You will need to check the boxes that correspond to the Complaint you received. The Complaint has a specific reason for eviction set forth in its Line 4. In the Answer's Line 4, you should check the box that most closely responds to Complaint. In No. 8, you can request a jury trial. If you do not select it, you will be given a trial by the judge. Although not always the case, juries tend to be more sympathetic to tenants. There is a jury fee of $50.00, but you can get that waived by filling out FORM MC20 and filing it with the court.
[] 3. The back rent is to be reduced by $_____, because the Defendant spent that amount either at the Plaintiff’s request or to repair the premises.
The second section of the Answer is Affirmative Defenses to the Landlord's claim for possession (Complaint). This is where certain facts can change the amount you owe and/or negate the reason for trying to evict you. Check all the boxes that fit your situation.
[] 4. The back rent is to be reduced by $_____ to compensate Defendant for damages arising from Plaintiff’s illegal eviction, interference with possessory interest, trespass to chattels and/or conversion .
The third section of the Answer is Counterclaims, where you get to sue the Landlord. If the Landlord has wronged you, check all the boxes that fit your situation. The final section is called the Prayer, where you tell the Judge what you want the Court to do.
[] 4a. The Court shall enter an escrow order in the amount of $___________, a reasonable rent after deducting for any conditions of inhabitability, beginning ________ (date) on a monthly basis until directed otherwise by the Court. [] 4b. The Defendent shall pay back rent, totaling $________, directly to the Plaintiff by _________ (date). The Plaintiff [] will []will not accept partial payment up until that date. [] 5. Plaintiff will make the following repairs within ___ days: _____________________________ [] 6. Should the Defendant fail to comply with this Order, the Plaintiff may bring a Show Cause Motion, and upon a finding of no cause, Plaintiff may seek judgment and any other rights secured by Michigan law. Should the Plaintiff fail to comply with this Order, the Defendant may bring a Show Cause Motion, and upon a finding of no cause, Defendant may seek dismissal of claim for possession, injunctive relief, reduction in escrow amount, disbursement of escrow funds and any other rights secured by Michigan law.
Sign both parts of the Answer, checking Personal Service in the Certificate of Service section and make three (3) copies. Bring with you any witnesses or documents that help prove your case. On Line #2 of the Summons you will find the date and location where your case will be heard. SHOW UP. If you miss it, or are even late, a default judgment will be entered against you, meaning you lost. You can file a motion to vacate (FORM DC99), but they are rarely granted. You should try to negotiate a settlement with your landlord before your courtdate, especially if you are in subsidized housing or are renting a lot for your mobile home. Losing a subsidy or your mobile home if you don't have the money to move it can be financially and emotionally devastating.
If the property is inhabitable (not livable), you can say, "I motion under court rule 4.201(H)(1) for an injunction for the landlord to immediately repair the premises so that the premises becomes tenantable. Currently I have no (heat, water, electricity, gas, locks on doors, etc...)." If you want the landlord to give you evidence or documents, say: "I request a discovery for..."
If the landlord seeks an escrow order and the landlord has not kept your apartment maintained, tell the judge: "I seek a hearing to determine the reasonable rent of the property because of its unlivable condition."
The Judge/Clerk will call your case. The Court will ask you and the landlord to try to negotiate a settlement. During the negotiation, the landlord's attorney will likely recite what is in the complaint and ask you to sign a Consent Judgment. A Consent Judgment is a judgment against you, and you can be evicted after 10 days if you do not follow the terms in it. Consent Judgments don't take into account any repairs that need to be made or claims you have against the landlord. By signing it, you will give up many of your rights. We suggest you sign a Consent Order based on the sample on the left. We drafted it to protect the rights of tenants. Some major differences between a Consent Judgment and a Consent Order is that the Consent Order is not a judgment against you, negotiates the escrow amount and repairs to be made, and gives you enforcement rights against the landlord if they fail to perform any obligations. Further, even if you fail to perform, they must first testify that they have done everything in the Consent Order before they can get you evicted. The Court will again call you in front of the Judge and ask if you came to an agreement. If you are not prepared, you can tell the judge: "I need a one week continuance so that I may obtain an attorney and/or file an answer." If you are ready, tell the judge: "I have prepared an answer and would like to submit it now." Hand the original and a copy to the clerk and a copy to the Landlord.
Did you come to an agreement? NO
YES
Wait for the Court to call your case. The Judge will ask you if you understand the terms of the settlement and agree to them. If you do not, it is important to speak up now and ask the judge to explain it to you.
At trial, make your case by reading from the Answer and providing the judge or jury with the facts and evidence that apply to each number paragraph.
This is legal information and should not be confused with legal advice. It is our hope that with the information in this guide, you will be able to apply the law to the facts of your case and defend your rights.
STATE OF MICHIGAN
CASE NO.
Court address
Court telephone no. Plaintiff
Defendent
ANSWER TO COMPLAINT FOR POSSESSION OF RENTAL PROPERTY 1. Plaintiff did not attach the lease or occupancy agreement as required by MCR 4.201(B)(1)(b). 2. Plaintiff did not attach a Demand for Possession to the Complaint as required by MCR 4.201(B)(1)(c). 3. I reside on the property in question. 4a. I do not owe the amount in question. 4b. I did not cause a serious and continuing health hazard on the property. 4c. Plaintiff did not properly terminate the lease. 4d. Plaintiff does not have good cause to terminate the tenancy. 5. The tenancy is operated under the rules of a governmental unit. The Plaintiff failed to list the rule or law and/or does not have proper cause to seek possession. 6. I have complied with the demands made. 7. The property is not fit for use and/or not kept in reasonable repair. 8. I seek a jury trial. AFFIRMATIVE DEFENSES 9. Since the property was not fit for use, I am not responsible for rent. 10. The late fees are excessive, constituting a penalty, not a liquidated damage, and therefore I am not responsible for them. 11. Plaintiff is retaliating against me for contacting a governmental authority. 12. A portion of the rent was excused by the Plaintiff. 13. I paid for some repairs that were the responsibility of the Plaintiff. 14. Plaintiff did not give proper notice as required by law. 15. Plaintiff does not own the property and/or is a company not represented by and attorney and therefore cannot seek to evict me. 16. Under the FHA, ADA and/or other federal law, I have the right to reasonable accommodation (such as a pet) for my disability. 17. Plaintiff did not follow MCR 4.201(B)(2) by failing to include a schedule of rent and/or a specific reference to a rule or law. COUNTERCLAIMS 18. Plaintiff breached my leasehold agreement by failing to perform as required by the lease. 19. Plaintiff forcibly removed and/or kept me from the property, violating MCL 600.2918(1), by: 20. Plaintiff unlawfully interfered with my possessory interest in the property, violating MCL 600.2918(2), by: 21. Plaintiff committed conversion by intentionally excercising dominion and control over my personal property, either taking it, removing it, denying my access to it, and/or destroying it. 22. Plaintiff committed trepass to chattels by interfering with my possessory interest in my personal property by intentionally taking it, removing it, denying my access to it or destroying it without my consent. 23. Other: WHEREFORE, I/We seek: A. A dismissal of Plaintiff's claim for possession for failure to state a claim and/or failure to follow court rules and/or Michigan law. B. Damages for breach of contract, unlawful entry and detainer in the amount of the greater of three times actual damages or $200.00, interference with possessory interest in the amount of the greater of actual damages or $200.00 per day, conversion in the amount of the market value of the personal property, and/or trespass to chattels in the amount of actual damages suffered by me. C. Injunctive relief to force the Plaintiff to return the property to a habitable condition and/or allow my immediate repossession of the property. D. Court costs, attorneys fees, and other costs. E. Any other relief the court finds just and equitable, such as a full or partial rent abatement. Date: __________________
Signature:___________________________________ CERTIFICATE OF SERVICE I certify that on this date I served a copy of this answer on the plaintiff or plaintiff's attorneys by: personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3). MC 04
Date: __________________
Signature:___________________________________
Michigan Guide to Landlord-Tenant Court
USE THIS GUIDE IF YOU HAVE RECENTLY RECEIVED A SUMMONS AND COMPLAINT FOR LANDLORD-TENANT COURT AND ARE A RENTER IN MICHIGAN. IF YOU ARE A HOMEOWNER WITH A LAND CONTRACT, PLEASE CHECK OUR WEBSITE FOR THE RIGHT GUIDE. CONSENT ORDER [] 1. The Plaintiff is owed $_____ in back rent. [] 2. The back rent is to be reduced by $_____, because the Plaintiff failed to make the following repairs: ____________________________________
START HERE
NEED A LITTLE MORE INFORMATION?
Call 888-314-3409 extension 101 or visit http://www.streetdemocracy.org for our related video
Photocopy the Answer on the back of this flowchart.
Fill it in as you go through this flowchart. While you have the right to answer orally in court, it is better to file a written answer because it helps you know what your rights are and judges know what your side of the case is. YOU MUST FILE A WRITTEN ANSWER IF YOU HAVE COUNTERCLAIMS The first section of the Answer is in direct response to the points raised by the Landlord in the Complaint. You will need to check the boxes that correspond to the Complaint you received. The Complaint has a specific reason for eviction set forth in its Line 4. In the Answer's Line 4, you should check the box that most closely responds to Complaint. In No. 8, you can request a jury trial. If you do not select it, you will be given a trial by the judge. Although not always the case, juries tend to be more sympathetic to tenants. There is a jury fee of $50.00, but you can get that waived by filling out FORM MC20 and filing it with the court.
[] 3. The back rent is to be reduced by $_____, because the Defendant spent that amount either at the Plaintiff’s request or to repair the premises.
The second section of the Answer is Affirmative Defenses to the Landlord's claim for possession (Complaint). This is where certain facts can change the amount you owe and/or negate the reason for trying to evict you. Check all the boxes that fit your situation.
[] 4. The back rent is to be reduced by $_____ to compensate Defendant for damages arising from Plaintiff’s illegal eviction, interference with possessory interest, trespass to chattels and/or conversion .
The third section of the Answer is Counterclaims, where you get to sue the Landlord. If the Landlord has wronged you, check all the boxes that fit your situation. The final section is called the Prayer, where you tell the Judge what you want the Court to do.
[] 4a. The Court shall enter an escrow order in the amount of $___________, a reasonable rent after deducting for any conditions of inhabitability, beginning ________ (date) on a monthly basis until directed otherwise by the Court. [] 4b. The Defendent shall pay back rent, totaling $________, directly to the Plaintiff by _________ (date). The Plaintiff [] will []will not accept partial payment up until that date. [] 5. Plaintiff will make the following repairs within ___ days: _____________________________ [] 6. Should the Defendant fail to comply with this Order, the Plaintiff may bring a Show Cause Motion, and upon a finding of no cause, Plaintiff may seek judgment and any other rights secured by Michigan law. Should the Plaintiff fail to comply with this Order, the Defendant may bring a Show Cause Motion, and upon a finding of no cause, Defendant may seek dismissal of claim for possession, injunctive relief, reduction in escrow amount, disbursement of escrow funds and any other rights secured by Michigan law.
Sign both parts of the Answer, checking Personal Service in the Certificate of Service section and make three (3) copies. Bring with you any witnesses or documents that help prove your case. On Line #2 of the Summons you will find the date and location where your case will be heard. SHOW UP. If you miss it, or are even late, a default judgment will be entered against you, meaning you lost. You can file a motion to vacate (FORM DC99), but they are rarely granted. You should try to negotiate a settlement with your landlord before your courtdate, especially if you are in subsidized housing or are renting a lot for your mobile home. Losing a subsidy or your mobile home if you don't have the money to move it can be financially and emotionally devastating.
If the property is inhabitable (not livable), you can say, "I motion under court rule 4.201(H)(1) for an injunction for the landlord to immediately repair the premises so that the premises becomes tenantable. Currently I have no (heat, water, electricity, gas, locks on doors, etc...)." If you want the landlord to give you evidence or documents, say: "I request a discovery for..."
If the landlord seeks an escrow order and the landlord has not kept your apartment maintained, tell the judge: "I seek a hearing to determine the reasonable rent of the property because of its unlivable condition."
The Judge/Clerk will call your case. The Court will ask you and the landlord to try to negotiate a settlement. During the negotiation, the landlord's attorney will likely recite what is in the complaint and ask you to sign a Consent Judgment. A Consent Judgment is a judgment against you, and you can be evicted after 10 days if you do not follow the terms in it. Consent Judgments don't take into account any repairs that need to be made or claims you have against the landlord. By signing it, you will give up many of your rights. We suggest you sign a Consent Order based on the sample on the left. We drafted it to protect the rights of tenants. Some major differences between a Consent Judgment and a Consent Order is that the Consent Order is not a judgment against you, negotiates the escrow amount and repairs to be made, and gives you enforcement rights against the landlord if they fail to perform any obligations. Further, even if you fail to perform, they must first testify that they have done everything in the Consent Order before they can get you evicted. The Court will again call you in front of the Judge and ask if you came to an agreement. If you are not prepared, you can tell the judge: "I need a one week continuance so that I may obtain an attorney and/or file an answer." If you are ready, tell the judge: "I have prepared an answer and would like to submit it now." Hand the original and a copy to the clerk and a copy to the Landlord.
Did you come to an agreement? NO
YES
Wait for the Court to call your case. The Judge will ask you if you understand the terms of the settlement and agree to them. If you do not, it is important to speak up now and ask the judge to explain it to you.
At trial, make your case by reading from the Answer and providing the judge or jury with the facts and evidence that apply to each number paragraph.
This is legal information and should not be confused with legal advice. It is our hope that with the information in this guide, you will be able to apply the law to the facts of your case and defend your rights.
STATE OF MICHIGAN
CASE NO.
Court address
Court telephone no. Plaintiff
Defendent
ANSWER TO COMPLAINT FOR POSSESSION OF RENTAL PROPERTY 1. Plaintiff did not attach the lease or occupancy agreement as required by MCR 4.201(B)(1)(b). 2. Plaintiff did not attach a Demand for Possession to the Complaint as required by MCR 4.201(B)(1)(c). 3. I reside on the property in question. 4a. I do not owe the amount in question. 4b. I did not cause a serious and continuing health hazard on the property. 4c. Plaintiff did not properly terminate the lease. 4d. Plaintiff does not have good cause to terminate the tenancy. 5. The tenancy is operated under the rules of a governmental unit. The Plaintiff failed to list the rule or law and/or does not have proper cause to seek possession. 6. I have complied with the demands made. 7. The property is not fit for use and/or not kept in reasonable repair. 8. I seek a jury trial. AFFIRMATIVE DEFENSES 9. Since the property was not fit for use, I am not responsible for rent. 10. The late fees are excessive, constituting a penalty, not a liquidated damage, and therefore I am not responsible for them. 11. Plaintiff is retaliating against me for contacting a governmental authority. 12. A portion of the rent was excused by the Plaintiff. 13. I paid for some repairs that were the responsibility of the Plaintiff. 14. Plaintiff did not give proper notice as required by law. 15. Plaintiff does not own the property and/or is a company not represented by and attorney and therefore cannot seek to evict me. 16. Under the FHA, ADA and/or other federal law, I have the right to reasonable accommodation (such as a pet) for my disability. 17. Plaintiff did not follow MCR 4.201(B)(2) by failing to include a schedule of rent and/or a specific reference to a rule or law. COUNTERCLAIMS 18. Plaintiff breached my leasehold agreement by failing to perform as required by the lease. 19. Plaintiff forcibly removed and/or kept me from the property, violating MCL 600.2918(1), by: 20. Plaintiff unlawfully interfered with my possessory interest in the property, violating MCL 600.2918(2), by: 21. Plaintiff committed conversion by intentionally excercising dominion and control over my personal property, either taking it, removing it, denying my access to it, and/or destroying it. 22. Plaintiff committed trepass to chattels by interfering with my possessory interest in my personal property by intentionally taking it, removing it, denying my access to it or destroying it without my consent. 23. Other: WHEREFORE, I/We seek: A. A dismissal of Plaintiff's claim for possession for failure to state a claim and/or failure to follow court rules and/or Michigan law. B. Damages for breach of contract, unlawful entry and detainer in the amount of the greater of three times actual damages or $200.00, interference with possessory interest in the amount of the greater of actual damages or $200.00 per day, conversion in the amount of the market value of the personal property, and/or trespass to chattels in the amount of actual damages suffered by me. C. Injunctive relief to force the Plaintiff to return the property to a habitable condition and/or allow my immediate repossession of the property. D. Court costs, attorneys fees, and other costs. E. Any other relief the court finds just and equitable, such as a full or partial rent abatement. Date: __________________
Signature:___________________________________ CERTIFICATE OF SERVICE I certify that on this date I served a copy of this answer on the plaintiff or plaintiff's attorneys by: personal service first-class mail addressed to their last-known address(es) as defined in MCR 2.107(C)(3). MC 04
Date: __________________
Signature:___________________________________
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