The landlord tenant division is responsible for handling all real property disputes up to $25,000. 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.
There are different reasons that a landlord may wish to evict a tenant. The grounds that a landlord may cite are:
A landlord must specify the grounds to evict. The grounds a landlord may cite to evict a tenant are the following:
**Properties that are considered Corporations or Limited Liability Corporations must be represented by an attorney.
The first step in starting the eviction process is to serve the tenant with a notice. The purpose of this notice is to inform the tenant in writing of the reasons the landlord may be filing a LT case, and to state the time limit for the tenant to take remedial action. If the tenant does not comply with the notice, the landlord may then file to start the eviction process at the district court in which the rental property is located.
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. You may click on the notice type to bring up that form. Service on the tenant may be made personally, by mailing, or by posting at the address of the rental property.
|Notice Period||Grounds for Eviction – Types of Notices|
|24 Hours||Illegal drug activity|
|7 Days||Nonpayment of rent; Extensive and continuing physical injury to property; or Serious and continuing health hazard.|
|15 Days||Land contract forfeiture|
|30 Days||Violation of a lease provision and the lease allows for termination; Forceful entry or peaceful try, but forceful stay or trespass; Holding over after natural expiration of lease term;
Just cause for terminating tenant of mobile home park; or Just cause for terminating tenant of government-subsidized housing.
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 start the lawsuit at the court by filing the Summons and Complaint for Non-Payment of Rent. The landlord will also need to provide:
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 start the lawsuit at the court by filing the Summons and Complaint to Recover Possession of Property. The landlord will also need to provide:
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 landlord tenant self help section on the state court website by clicking here. 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.
To learn more about Land Contract Forfeitures, please click here.
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.
1950 East Beltline NE
Grand Rapids, MI 49525
Monday - Friday
8:00am - 5:00pm
Judge Sara J. Smolenski, Chief Judge
Judge Jeffrey J. O’Hara
J. Kevin McKay, Court Administrator