Michigan Summary Proceedings Complaint — Landlord-Tenant

COMPLAINT — SUMMARY PROCEEDINGS TO RECOVER POSSESSION OF PREMISES (MICHIGAN)

Statutory Form Reference: SCAO Approved Form DC 102a (Nonpayment) or DC 102c (Termination of Tenancy)

Statutory Authority: MCL 600.5701 et seq.; MCR 4.201

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. The Premises and the Tenancy
5. Pre-Suit Demand for Possession or Notice to Quit
6. Count I — Possession (Statutory Ground)
7. Count II — Money Claim for Rent and Damages (MCL 600.5739)
8. Prayer for Relief
9. Verification
10. Signature
11. Exhibits
12. Practice Notes
13. Sources and References

1. CAPTION

STATE OF MICHIGAN

[___] JUDICIAL DISTRICT

[COUNTY] COUNTY DISTRICT COURT

Case No.: [________________________________]

Hon.: [________________________________]

COMPLAINT — LANDLORD-TENANT

☐ Nonpayment of Rent (MCL 600.5714(1)(a)) — SCAO DC 102a equivalent
☐ Termination of Tenancy (MCL 600.5714(1)(c)) — SCAO DC 102c equivalent
☐ Health Hazard / Damage (MCL 600.5714(1)(d)) — SCAO DC 102b equivalent
☐ Other Statutory Ground: [________________________________]

JURY TRIAL DEMANDED: ☐ YES (jury fee paid) ☐ NO

2. PARTIES

2.1. Plaintiff [PLAINTIFF NAME] ("Landlord") is [an individual / a Michigan limited liability company / a Michigan corporation] with its [principal residence / principal office] at [ADDRESS] and is the [owner / agent for the owner / lessor] of the Premises.

2.2. Defendant [TENANT NAME] ("Tenant") is an adult who resides at the Premises and entered into the rental agreement described below.

2.3. Defendant [ADDITIONAL ADULT NAME] is an adult who resides at the Premises [and is a co-tenant under the lease / and is an unauthorized occupant / and entered into possession with permission of the named Tenant].

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under MCL 600.5704 and MCL 600.8301, which vest the District Court with exclusive jurisdiction over summary proceedings to recover possession of premises within its territorial limits.

3.2. Venue is proper under MCL 600.5705 and MCR 4.201(B) because the Premises are located within the territorial jurisdiction of this District Court.

3.3. The amount in controversy (joined money claim) is $[________], which is within the District Court's jurisdictional limit of $25,000 under MCL 600.8301 as of the date of filing.

4. THE PREMISES AND THE TENANCY

4.1. The "Premises" are residential premises located at:

[STREET ADDRESS, UNIT/APARTMENT NUMBER]
[CITY], MICHIGAN [ZIP CODE]
[COUNTY] COUNTY

4.2. Tenant occupies the Premises pursuant to (check one):

☐ A written lease dated [__/__/____] for a term commencing [__/__/____] and ending [__/__/____]. A true and correct copy is attached as Exhibit C.

☐ An oral month-to-month rental agreement entered into on or about [__/__/____].

☐ Other: [DESCRIBE].

4.3. The agreed rent is $[________] per month, due on the [___] day of each month.

4.4. Landlord holds [a Certificate of Compliance / a current rental registration / no certificate is required for this property] under applicable local rental-inspection ordinance.

5. PRE-SUIT DEMAND FOR POSSESSION OR NOTICE TO QUIT

5.1. On [__/__/____], Landlord served on Tenant a written [Demand for Possession for Nonpayment of Rent / Notice to Quit / Demand for Possession for Damage / Health Hazard] pursuant to MCL 600.5714(1)[(a) / (b) / (c) / (d) / (e)] and MCL 600.5716. A true and correct copy is attached as Exhibit A.

5.2. The Demand / Notice was served by [personal delivery / substituted delivery / first-class mail / electronic service] in compliance with MCL 600.5718. Proof of service is attached as Exhibit B.

5.3. The applicable cure / vacate period of [7 / 24 hours / 30] days expired on [__/__/____] without Tenant [paying the amount due / vacating the Premises / repairing or restoring the Premises].

6. COUNT I — POSSESSION (STATUTORY GROUND)

6A. Nonpayment of Rent — MCL 600.5714(1)(a) [If Applicable]

6A.1. Landlord realleges paragraphs 1 through 5 as if fully set forth herein.

6A.2. As of the date of the Demand for Possession (Exhibit A), Tenant owed Landlord rent in the amount of $[________] for the rental period(s) of [__/__/____ to __/__/____].

6A.3. Tenant has held over more than 7 days after service of the written Demand for Possession without paying the amount due.

6A.4. As of the date of filing this Complaint, the total rent owed is $[________], calculated as follows:

6A.5. Landlord is entitled to possession of the Premises under MCL 600.5714(1)(a) and a money judgment for the unpaid rent, plus costs and any other relief allowed by law.

6B. Termination of Tenancy — MCL 600.5714(1)(c) [If Applicable]

6B.1. Landlord realleges paragraphs 1 through 5.

6B.2. The tenancy has been terminated by [expiration of the fixed term on __/__/____ / 30-day notice to quit served __/__/____ / 30-day notice based on material breach of lease].

6B.3. Tenant has held over after termination and has refused to vacate.

6B.4. Landlord is entitled to possession under MCL 600.5714(1)(c).

6C. Health Hazard / Damage — MCL 600.5714(1)(d) [If Applicable]

6C.1. Landlord realleges paragraphs 1 through 5.

6C.2. Tenant has willfully or negligently caused [a serious and continuing health hazard / extensive and continuing physical injury to the Premises], specifically: [DESCRIBE WITH FACTS, DATES, EVIDENCE].

6C.3. The condition was discovered, or should reasonably have been discovered, on [__/__/____], which is not earlier than 90 days before institution of these proceedings.

6C.4. Tenant failed to substantially repair or restore the Premises within 7 days of service of the Demand.

6C.5. Landlord is entitled to possession under MCL 600.5714(1)(d).

6D. Other Statutory Ground [If Applicable]

6D.1. Specify ground and supporting facts: [________________________________]

7. COUNT II — MONEY CLAIM FOR RENT AND DAMAGES (MCL 600.5739)

7.1. Landlord realleges paragraphs 1 through 6 as if fully set forth.

7.2. Pursuant to MCL 600.5739, Landlord joins a money claim for unpaid rent that has accrued through the date of judgment, late fees authorized by the lease, physical damages to the Premises beyond ordinary wear and tear, court costs, and (if authorized by the lease or by statute) reasonable attorney fees.

7.3. The money claim total as of the date of filing is $[________], itemized as follows:

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment:

A. For possession of the Premises located at [ADDRESS] in favor of Landlord;

B. For a money judgment in favor of Landlord and against Defendants, jointly and severally, in the amount of $[________], plus interest at the statutory rate from the date of filing;

C. For court costs under MCL 600.5759;

D. For reasonable attorney fees if authorized by the lease or statute;

E. For a writ of restitution under MCL 600.5744 if Defendants fail to comply with the judgment within the redemption period; and

F. For such other and further relief as this Court deems just and equitable.

9. VERIFICATION

I, [VERIFIER'S FULL NAME], being [Plaintiff / a member of Plaintiff / an officer of Plaintiff / Plaintiff's authorized agent], declare under the penalties of perjury that the contents of this Complaint are true to the best of my information, knowledge, and belief.

X _______________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

10. SIGNATURE

Date: [__/__/____]

Respectfully submitted,

X _______________________________________

[ATTORNEY NAME] (Michigan Bar No. [________])
Attorney for Plaintiff
[FIRM NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]

11. EXHIBITS

12. PRACTICE NOTES

12.1. Filing and Summons

File the complaint with the Demand and Proof of Service attached. The clerk issues SCAO Form DC 104 (Summons, Landlord-Tenant), which must be served under MCR 2.107 and MCR 4.201(D). Personal service or substituted service is required; first-class mail alone is generally insufficient for the Summons (compare MCL 600.5718, which is the rule for the pre-suit Demand only).

12.2. Time to First Hearing

Under MCR 4.201(F), the first hearing must occur within 10 days after the Summons is issued, unless adjourned for good cause or to allow application for legal aid or financial assistance. The court is required to advise the tenant of the right to counsel and to apply for rental assistance.

12.3. Jury Trial

Right to jury trial on the possession and joined money claim is preserved by timely written demand and payment of the jury fee. MCL 600.5739(2); MCR 4.201(H). Demand should be made in the complaint or in the answer; demanding jury later may waive the right.

12.4. Default and Default Judgment

If the tenant fails to appear or answer by the date on the Summons, the court may enter a default and, upon proper proofs (including damages by affidavit or testimony), a default judgment for possession and money. MCR 4.201(F)(4).

12.5. Redemption / Time to Pay

For nonpayment judgments, MCL 600.5744 generally requires a 10-day waiting period before the writ of restitution may issue, during which the tenant may "redeem" by paying the full judgment plus costs. For other grounds:

• 24 hours for drug-related grounds (MCL 600.5714(1)(b));
• 10 days for termination of tenancy and other grounds, subject to the court's discretion under MCL 600.5744(3) for serious health hazards or vacated premises ordered uninhabitable.

No redemption right exists for terminations under MCL 600.5714(1)(c) — only the 10-day waiting period before writ issues.

12.6. Writ of Restitution

After expiration of the redemption / waiting period without compliance, Landlord applies for the Writ of Restitution (SCAO Form DC 107), which directs the court officer to remove Tenant. The writ is valid for 56 days from issuance. MCR 4.201(L).

12.7. Certificate of Compliance — Common Defense

In Detroit and other municipalities with rental-inspection regimes, courts have dismissed nonpayment cases where the landlord lacked a current Certificate of Compliance because the lease's rent obligation may be unenforceable. Verify and plead Certificate status in paragraph 4.4.

12.8. Joinder of Money Claim — Strategic Considerations

Joining the money claim under MCL 600.5739 streamlines collection. However, joinder makes the proceedings more complex, may extend the timeline if tenant counterclaims (e.g., security deposit, habitability), and may push the case beyond District Court summary-procedure norms. Consider filing the money claim separately if speedy possession is the priority.

13. SOURCES AND REFERENCES

• Michigan Legislature, MCL 600.5701 et seq. — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-236-1961-57
• Michigan Legislature, MCL 600.5714 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5714
• Michigan Legislature, MCL 600.5716 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5716
• Michigan Legislature, MCL 600.5718 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5718
• Michigan Legislature, MCL 600.5739 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5739
• Michigan Legislature, MCL 600.5744 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5744
• Michigan Court Rules, MCR 4.201 — https://courts.michigan.gov/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules.pdf
• SCAO Form DC 102a (Complaint, Nonpayment) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc102a.pdf
• SCAO Form DC 104 (Summons, Landlord-Tenant) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc104.pdf
• SCAO Landlord-Tenant Forms — https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
• Michigan Judicial Institute, Landlord-Tenant Bench Book — https://www.courts.michigan.gov/publications/benchbooks/lltbb/