Landlord / Tenant Issues

Landlord/Tenant Association of Michigan

Many types of Civil/Real Estate landlord/tenant related issues arise in the Northend Community. The Civil/Real Estate Division of the 36th District Court is located on the 2nd floor of the Madison Center Building and is open from 8am to 4:30pm., Monday - Friday.

The Civil/Real Estate Division handles such actions as:

• non payment of rent
• termination (eviction)
• Health Hazard termination (eviction)
• Mobile home park mobile homeowner just cause termination (eviction)
• Trespassers
• Lockouts
• Land contract forfeitures and disputes

If you have a question regarding landlord/tenant actions, call the Civil/Real Estate Division at (313-965-3413) during normal business hours. Note: Landlords/tenants are directed to the 2nd flor Civil/Real Estate cashier counter to begin a real estate action (new cse filing).

If you are renting a home, apartment or commerical building in the North End, you are the Tenant. A Landlord is the person who is renting the structure to you. Both landlord and tenants have legal rights.

Common Questions:

Q.  For what reasons can tenants be evicted from their rental property?  A.  Under the law, tenants can be evicted for not paying their rent; for destruction of property; for not following the rules and regulations spelled out in the lease/rental agreement; engaging in illegal activities; or for creating a health hazard in the rental property.

Q.  What procedures does a landlord have to follow to evict a tenant?  A.  Before a case is filed with the 36th District Court, a landlord must fill out and issue a tenant one of two forms - the Notice to Quit or the Demand for Possession. These forms can be purchased at the Civil/Real Estate Division cashier counter at the 36th District Court or at office supply stores. When filling out these forms, it is important for the landlord to print the tenant's full name and correct address on the form.

Q.  What do I do if I receive one of these two legel forms from my landlord?  A.  If you receive a Notice to Quit or Demand for Possession from your landlord it means that the landlord wants to regain possession of the property that you are renting. You have within the time frome indicated on the form to correct the situation, pay the rent owed, move, or seek legal advice. Failure to coply may result in acase being filed against you in court.

Q.  What happes if I don't respond to the Notice or Quit or the Demand for possession?     A.  When the tiem period expired after you have been served with the appropriate papers, a land lord can start legal action against a tenant. When filing these documents, a landlord must have the necessary filing fee and service fee for each defendant, a stamped envelope addressed to the tenant(s) with 36th District Court address as the return address, and the court's original and one exta copy of the Notice to Quit or Demand for Possession for each tenant (defendant). Once the summons and complaint are filed with the 36th District Court, a hearing date will be set, a bailiff/court officer will be assigned to the case,a nd the tenant (defendant/s) will receive a copy of the Summons and Complaint from the biliff/court officer in person or attached to the door of the rental property. Acopy of these documents will be sent to the tenant in the mail by the court.  The complaint form will include how much rent is owed. the summons will state the case number, the date and time of your hearing and what your rights and responsibilities are.

Q.  What happens when I show up on my court date as either a landlord or a tenant?  A.  On your court date, both the landlord and the tenant must check in at the counter in room 421 (4th floor) of the 36th District Court at either 8:30am or 1:00pm.  The landlord must provide a completed Judgment form and stamped envelope for each tenant in the case, with the 36th District Court address as the return address. Remember, both the landlord and the tenants ahve the right to have an attorney present during this court hearing and to request a jury trial. Any evidence or witness that you believe would support your case should be with you at the hearing.

When the court clerk calls your case, the judge will hear both sides before a ruling is made. This is called a consent Judgement and it must be signed by both the landlord and the tenant, as well as the judge. If an agreement is not reached, then the judge will make a ruling either in favor of the landlord or the tenant. This document will contain the actions necessary by the landlord and/or tenant to satisfy the court's ruling.

Q.  What happens if eigher the landlord or tenant fails to show up for the court date?   A. Failure of a landlord to show up for a court date will result in the case being dismissed. if a tenant does not show up for the court date, a default judgement may be issued by the court in favor of the landlord. If neither person shows up, the case is dismissed. By not signing in Room 421 on the date and time of your scheduled hearing, your may give up your right to present your case to the court.

Q.  What if the conditions of the judgment are not followed?  A. If a tenant fails to follow the requirements on the Judgement form signed by the judge, the landlord has the right to request a court order (Order of Eviction) to have the tenant evicted.

Q.  How does a landlord request an Order of Eviction and what does the court do once the request is made?  A.  The Judgment Order is issued by the court at the hearing spells out the terms that have to be followed by both the landlord and the tenant, and the date by which these actions must be completed. If a tenant fails to obey the requirements of the judgment by that date, then the landlord can request taht the court issue an Order of Eviction ordering the bailiff/court officer to evict (remove) the tenant and his/her posssessions from teh rental property. 

Because there is an additional cost to the landlord for the bailiff/court officer to carry out (execute) the eviction order, the bailiff/court officer will contact the landlord aheard of time to tell him/her of the cost and to make arrangements.

Q.  Will a tenant be notified if an Order of Eviction has been filed?  A. Yes. The Civil/Real Estate Division will send a copy of the order informing the tenant that an Eviction oOrder has been filed. ifa an Eviction Order has been filed, and if a hearing has been set by the judge, all parties will be notifield by mail of the date of the hearing. An Eviction Order may be issued without further hearing.

Q.  How can a tenant file a complaint against his/her landlord?  A.  if you feel that you have a legitimate complaint against your landlord, your can contact the City of Detroit Rental Inspector regarding all property for repair at (313-224-2733). It is important that you keep a record on everything that has occurred that will support your complaint, including names, dates, probles, receipts, etc.  If you file a complaint against a landlord, it is illegal for the landlord to retaliate against you through such actions as raising yor ent or having you evicted. If your landlord has ignored the legal process to have you evicted and locked you out of yur rental property, you can contact the United Community Housing Coalition between the hours of 1pm and 3pm at:

2200 Bagley, ste. 224, Detroit, MI 48226

(313-963-3310)