The landlord tenant division is responsible for handling all real property disputes up to $25,000 in the City of Grand Rapids. Real property is considered land, and generally whatever is built on, growing on, or affixed to that land. Most commonly, the landlord-tenant division handles cases involving non-payment of rent, termination of tenancy, land-contract forfeitures, and evictions after the redemption period on a mortgage foreclosure.
The Eviction Process
If the landlord wishes to remove a tenant from the rental property, the landlord must use the eviction process. The process starts with a proper written notice to the tenant. The notice, a type of due process, safeguards and protects individual rights provided by law. Each reason for eviction has a specific amount of time (24 hours, 7 days, or 30 days) that must pass before the landlord may start a lawsuit. While there are standard eviction forms, a letter containing the required information can properly serve as the notice.
Below is a chart showing the different types of eviction notices that may be served upon a tenant, and a brief description of the different situations in which each is used. Service on the tenant may be made personally, by mailing, or by posting at the address of the rental property.
Grounds for Eviction – Types of Notice
The eviction notice is not the same as an Order (or Writ) of Eviction. If an agreement cannot be worked out by the parties, the eviction notice has been properly delivered to the tenant, and the notice period has passed, the landlord may now commence a lawsuit. The process in the district court is referred to as Summary Proceedings. The landlord must initiate summary proceedings in order to recover possession of the premises, and the court must determine if the landlord is lawfully entitled to possession under the circumstances.
Landlords and Tenants can find detailed information about the eviction process on the Housing Legal Self-Help Resources webpage.
| Type | Notice | Form |
|---|---|---|
| Illegal drug activity | 24-hour notice | DC 100e |
| Nonpayment of rent | 7-day notice | DC 100a |
| Extensive and continuing physical injury to property; or Serious and continuing health hazard | 7-day notice | DC 100b |
| Land contract forfeiture | 15-day notice | DC 101 |
| Violation of a lease provision and the lease | 30-day notice | DC 100c |
| Mobile home park or government-subsidized housing | 30-day notice | DC 100d |
Non-Payment of Rent
A demand for possession non-payment of rent case may be filed after the landlord has served the tenant with the appropriate notice, and the tenant has not complied with that notice. This is a 7-day notice in which the tenant has seven full days to pay the landlord the unpaid rent, or to move out. If the tenant complies with the notice, the tenant has the right to stay. If the tenant does not pay or move out within the seven days, then on the eighth day, the landlord may file a Summons and Complaint for Non-Payment of Rent (DC 102a). The landlord will also need to provide:
- Summons (Original + 4 copies)
- Complaint for Non-Payment of Rent (Original + 4 copies)
- 4 Copies of the notice (the 2nd page is to be served to the tenant)
- 3 Copies of the lease (if applicable) plus 2 additional copies for each additional tenant to be served
Notice to Quit
A notice to quit to recover possession of property may be filed after the landlord has served the tenant with the appropriate notice, and the tenant has not complied with that notice. This is a 30 day or one rental period notice in which the tenant has the allotted time to move out. If the tenant fails to comply with the notice within the 30 full days or the rental period, the landlord may file a Summons and Complaint to Recover Possession of Property (DC 102c). The landlord will also need to provide:
- Summons (Original + 4 copies)
- Complaint to Recover Possession of Property (Original + 4 copies)
- 4 Copies of the first page of the notice (the 2nd page is to be served to the tenant)
- 3 Copies of the lease (if applicable) plus 2 additional copies for each additional tenant to be served
The two types of cases explained above are the most common type of landlord/tenant case filed, but there are other cases that may be filed for evictions as well. To read more about these situations, please visit the housing self help at Michigan Legal Help. You may also wish to consult with an attorney if you are unfamiliar with the eviction process. All corporations and LLC's are required to be represented by an attorney. Landlord tenant cases may be filed for either possession of the property only, or for an additional money judgment. By filing for a money judgment in addition to possession, the landlord is given the right to try and collect monies from the tenant that may be awarded to them by the judge/magistrate. In order to receive a money judgment, the tenant must receive the summons and complaint by personal service, or by attending the hearing. To request that the Court mail out a copy of the mailing, you mail file the Request for Court Mailing and Record of Mailing by Court (DC 536). To provide proof of rental assistance, you may file a completed DC 539.