Landlord-Tenant and Land Contract forms
For a general understanding of evictions you can visit the State Court site at: http://courts.mi.gov/self-help/center/casetype/pages/eviction.aspx Additional information more specific to the actual forms follows.
Overview for the Landlord:
Landlord-Tenant matters in the Michigan courts are called “Summary Proceedings”. Generally these start with a notice form sent to the tenant by the landlord requesting an action by the tenant (to pay past due rent for instance). After a set period of time if the tenant does not comply with the notice, the landlord can then go to court and file a complaint form and a summons form. A hearing date is set and a copy of the complaint and the summons forms are mailed to the tenant telling them of the court hearing. At the court hearing, after both sides have had a chance to present their case, the court issues a judgment form. If the judgment says the tenant must leave and they do not vacate within the time the judgment specifies (usually 10 days) the landlord may return to court and file an application and order for eviction form which then orders any court or police officer to physically evict the tenant. The whole process can take 2 or 3 months or longer.
For rentals there are 5 notice forms that all start with the form number DC100 and have a small letter added at the end, which is “a” through “e”. Each is used for a different situation which you can read about below each form listing. We offer the basic forms and a version for each with added instructions that end in a “/I” for landlords that are new to the process.
There are matching complaint forms for each of the notices that start with the form number DC102 and end with the same small letter as the matching notice. So if you used the notice DC100a, you would use the complaint form DC102a. (There is one exception in that for DC100c and for DC100e you use the DC102c complaint).
No matter which notice and complaint forms you use there is only one summons form used for all of them, which is DC104. You file both the complaint form and the summons form together at the court. See details under the description for DC104 below.
The judgment forms for rentals are DC105 and DC105a. See the form listings for descriptions. The eviction form is DC107.
Land contracts have their own series: The notice is DC101, the complaint is DC103, the summons is DC104 (used for rentals too), and the judgment is DC106
Overview for the Tenant:
If you receive one of the Notice forms (described below) from your landlord, you are being told you have to move out if you don’t do or fix something, or in some cases that you simply have to move. When there is an option to avoid moving, it can be to pay all the rent you owe (DC100a), to fix damage or a health hazard (DC100b), or for land contracts to pay what you owe or correct some breach to the contract (DC101). In some cases you really don’t have much choice. If your lease expires and your landlord does not want to renew it they don’t need a reason. At that point if they give you notice (DC100c) you simply have to move, however this same notice is also used anytime during a lease if you the tenant break some rule in the lease (like maybe no pets). In this case if you correct the problem (get rid of the pets) you could stay. For mobile home parks DC100d is similar in that if you correct some problem you may get to stay but if you have been late on your rent three times in a year you may have no choice but to move.
In all these cases right after you are served the notice, nothing yet has been filed in the courts and so talking with your landlord about the issues, about why they sent you one of these notices, can often lead to a resolution without the court or lawyers being involved.
If you get the DC100e notice there may be no options at all as you only have 24 hours to leave before the landlord can file in court to get you evicted but if you feel this is unjustified at least talk to your landlord. Someone who was in the household may also be prosecuted for a drug crime and would likely need a lawyer.
If you have received one of the notices and you don’t move or fix the issue, your landlord can file a complaint and summons in court and you will get a copy of these telling you of the court hearing and the complaint against you. If you feel the complaint is unjustified and you want to fight it in court you can consult a lawyer or represent yourself in court. To represent yourself use the Answer Forms that match each of the complaint forms (except the land contract complaint). These form numbers start with DC111with a small letter following that matches the small letter in the complaint form. So if you get the DC102a complaint you use DC111a to file your answer with the court.
If for some reason you miss the court hearing, the court has issued a judgment in favor of the landlord by default, and you are accordingly facing eviction, you still may have some recourse with the court using form DC99b, “Motion to Set Aside Default Judgment”. There must be good reasons for the court to do this, which could include you not properly receiving notice of the hearing, some new evidence, clerical errors, or you having satisfied the judgment already (see Michigan court rule MCR 2.612(c)).
DC100a “Demand for possession non-payment of rent” (rev. 1/12). Use this if you want your tenant to pay the rent they owe or move out. It is often called a “seven day notice” because you can file a complaint in court if they don’t pay the rent due within 7 days of serving the notice on the tenant. (Note that if you mail the notice to the tenant some courts require 9 days, allowing 2 extra days for the mail and furthermore in most courts weekend days or holidays don’t count as part of the 7 days). Keep in mind that if the tenant pays the past due rent they are allowed to stay.
The basic form as designed by the State Court is a two part form, with one part for the landlord and one for the tenant. If your tenants typically pay their rent when you send them this notice that is all you need. If however you often have to go to court after the tenant gets this notice we offer it in 3-part versions with an extra landlord copy for the court and a 4-part version as well in continuous (see below).
DC100a The basic 2-part form in carbon.
DC100a/CL The basic 2-part form in self-imaging (carbonless) paper.
DC100a/3 3-part in carbon has an extra copy (for filing a complaint).
DC100a/3CL Our popular 3-part in self-imaging (carbonless) paper.
DC100a/C Continuous feed 2-part self-imaging forms (for dot matrix printers).
DC100a/4C Continuous feed 4-part forms (has “Community” & “Rental Dept.” copies).
DC100a/I 3 parts: the basic 2-part self-imaging form with the instruction sheet as part 3.
DC100b “Demand for Possession, Damage/Health Hazard to Property” (rev. 1/12). Use this if the tenant is causing continuing damage to the property or creating a health hazard (like letting garbage accumulate). You must give this notice to the tenant within 90 days of discovering the damage or hazard and you must allow 7 days for the tenant to correct the issue (or move out) before filing a complaint in court.
DC100b 2-part in self-imaging (carbonless) paper.
DC100b/I 3-part: The 2-part above with the added instruction sheet.
DC100c “Notice to Quit to Recover Possession of Property” (rev. 9/12). Use this form when a lease expires or is about to (often after one year) if you want the tenant to move. You don’t need any reason if the lease is expiring (or if there is no written lease to begin with). You can also use this form during a lease if the tenant breaks the rules of the lease (like no pets). This form can also be used for trespassers. In all these cases you must give the tenant notice equal in time to the rental period. If rent is due every month you must give 30 days notice so they can find another place to live before you file a complaint. This is accordingly often called a 30-day notice.
While this notice usually takes longer than a 7 day notice, in most cases there is little recourse for the tenant other than to move provided you have kept the premises fit and fulfilled your end of the lease.
DC100c 2-part carbon.
DC100c/CL 2 part self-imaging (carbonless).
DC100c/C Continuous feed 2-part self-imaging forms (for dot matrix printers)
DC100c/I 3-part: 2-part carbonless (as above) with the added instruction sheet.
DC100d “Demand for Possession, Termination of Tenancy, Mobile Home Park (Just Cause Termination)” (rev. 1/12). This notice is used by mobile home park operators for “Just Cause Termination” which is defined by MCL 600.5775 http://www.legislature.mi.gov/(S(mummm445mxf2kke1xwig5i55))/mileg.aspx?page=GetMCLDocument&objectname=mcl-600-5775 but includes any violation of the park rules or paying rent late 3 times in any 12 months. Notice equal to one rental period is required prior to filing a complaint in court.
DC100d 2-part self-imaging (carbonless).
DC100d/I 3-part: The 2-part above with the added instruction sheet.
DC100e “Demand for Possession, Termination of Tenancy Due to Unlawful Drug Activity on Premises” (rev. 9/12). Use this form only if your lease prohibits illegal drug use on the premises and a police report was filed alleging that the tenant or another person under their control used or possessed illegal drugs on the premises. If both these conditions are met after you serve this notice on them the tenant only has a mere 24 hours to leave the premises before you are allowed to file a complaint in court.
DC100e 2-part self-imaging (carbonless).
DC100e/I 3-part: The 2-part above with the added instruction sheet.
DC101 “Forfeiture Notice, Land Contract” (rev. 3/12). This form is used only for land contracts when the land contract buyer breaks any conditions of the contract, including failure to pay the monthly payments, the taxes, or the insurance or any breach of the land contract. The buyer normally has 15 days (unless specified otherwise in the contract) to cure the breach or pay what is due before the seller can file a complaint in court.
The only format offered is a pad of 50 sheets
DC102a “Complaint, Non-payment of Rent” (rev. 1/12). Filed in the court (with the Summons DC104) after DC100a is served on the tenant.
DC102a 4-part carbon
DC102a/CL 4-part self-imaging (carbonless).
DC102a/C Continuous feed 4-part self-imaging forms (for dot matrix printers).
DC102a/I 6-part: The 4-part self-imaging form above with a 2-page instruction set.
DC102b “Complaint, Damage/Health Hazard to Property” (rev. 1/12). Filed in the court (with the Summons DC104) after DC100b is served on the tenant.
DC102b 4-part self-imaging (carbonless).
DC102b/I 6-part: The 4-part self-imaging form above with a 2-page instruction set.
DC102c “Complaint to Recover Possession of Property” (rev. 1/12). Filed in the court (with the Summons DC104) after DC100c or DC100e is served on the tenant.
DC102c 4-part self-imaging (carbonless).
DC102c/C Continuous feed 4-part self-imaging forms (for dot matrix printers).
DC102c/I 6-part: The 4-part self-imaging form above with a 2-page instruction set.
DC102d “Complaint, Termination of Tenancy Mobile Home Park-Mobile Home Owner (Just Cause Termination)” (rev. 1/12). Filed in the court (with the Summons DC104) after DC100d is served on the tenant.
DC102d 4-part self-imaging (carbonless).
DC102d/I 6-part: The 4-part self-imaging form above with a 2-page instruction set.
DC103 “Complaint for Possession After Land Contract Forfeiture” (rev. 3/11). Filed with the court (with the Summons DC104) after DC101 is served on the buyer.
DC103 3-part self-imaging (carbonless)
DC103/c Continuous feed 3-part self-imaging forms (for dot matrix printers).
The Summons Form
DC104 “Summons, Landlord-Tenant/Land Contract” (rev. 3/12). There is only one summons form used for landlord-tenant or land contract proceedings. It is filed in court with any one of the complaint forms and is used to notify the tenant (or buyer in land contracts) that a complaint has been filed against them and that there is a court hearing on that complaint that they are summoned to attend.
The summons must be “served” on the defendant, the tenant (or buyer), by an officer of the court or, more commonly, by a process server. Most courts offer a list of process servers who work in the area from which you can chose. The process server charges a fee for the service and mileage but these costs can be recouped if you pursue a money judgment against the defendant (and if you can actually get the defendant to subsequently pay it or are able to collect it from them).
DC104 5-part carbon
DC104/CL 5-part self-imaging (carbonless).
DC104/C Continuous feed 5-part self-imaging forms (for dot matrix printers).
DC105 “Judgment, Landlord/Tenant” (rev. 1/12). This is the judgment form that the court issues following the hearing on any of the complaints except the mobile home complaint (DC102d) or the land contract complaint (DC103) which each have their own judgment form (see below). Normally the landlord supplies this form to the court (filed in at the top) but some courts produce their own judgment forms so ask your court clerk if their court requires you to provide the form.
DC105 4-part carbon
DC105/CL 4-part self-imaging (carbonless).
DC105/C Continuous feed 4-part self-imaging forms (for dot matrix printers).
DC105a “Judgment, Termination of Tenancy, Mobile Home Park-Mobile Home Owner, Just Cause Termination” (rev. 1/12). As the name implies this form is only used with mobile homes or mobile home parks following the use of the “Just Cause Termination” complaint, DC102d.
DC105a 3-part self–imaging (carbonless)
DC106 “Judgment of Possession after Land Contract Forfeiture” (rev. 3/11). Used only following the “Land Contract Forfeiture” complaint, DC103.
DC106 4-part self-imaging (carbonless)
DC106/c Continuous feed 3-part self-imaging forms (for dot matrix printers).
The Order of Eviction
DC107 “Application and Order for Eviction, Landlord Tenant, Land Contract” (rev. 1/12). Just this one order of eviction serves all landlord/tenant and land contract cases.
When the court issues a judgment they set a date after which the tenant can be evicted if they fail to comply with the judgment. In certain cases (like drug activity) the landlord can apply for the order of eviction immediately when the judgment is issued but in most cases there is some time allowed for the tenant to comply with the judgment before they can be evicted. In typical non-payment of rent cases the time is usually 10 days.
In some cases the judgment requires the tenant to move with no other recourse (or get evicted) but in many cases the tenant can pay the back rent, fix damage, or fix the breach of the land contract or the lease for instance and still get to stay. If they do not comply with the judgment by the date set on the judgment after which they can be evicted, the landlord can file this form, DC107, with the court and once signed the order of eviction is effective. Any police officer, sheriff, or officer of the court can then physically evict the tenant, literally putting them and their possessions on the street.
DC107 4-part carbon.
DC107/CL 4-part self-imaging (carbonless).
DC107/C Continuous feed 4-part self-imaging forms (for dot matrix printers).
The Default Form
DCH108 “Default, Application, Affidavit, Entry, Landlord-Tenant” (rev. 6/80). A default form is used at the court hearing when the defendant fails to show up. The plaintiff wins the case by default but needs to provide a default form.
The DCH108 is an older default form designed (by the state) solely for landlord-tenant or land contract cases. Some years ago it was dropped from the state approved list with the intention that people instead use form number MC07, “Default Request, Affidavit, and Entry,” a more universal default form used in just about any sort of court case. The forms are similar but many landlords still prefer the DCH108 (and we continue to sell lots of them) so they apparently remain acceptable to many of the courts.
DCH108 2-part self-imaging (carbonless).
Note: MC07 is a 3-part form available in carbon, self-imaging, and continuous feed.
DC109, “Motion and Order for Escrow” (rev. 6/05). At the court hearing if the tenant raises a reasonable defense and asks for a jury trial the judge will adjourn the hearing for sometimes weeks or months. If this occurs the landlord can use this form, DC109 to ask the court to order the tenant to pay rent into escrow (held by the court) until the trial. As the landlord in many cases might not predict such an adjournment, having this form on hand at the hearing can be smart.
DC109 2-part self-imaging (carbonless).
DC110 “Order to Release Escrow” (rev.4/87). Used to get the funds released, once the trial is completed, that were held in escrow following the use of DC109 at the initial hearing.
DC110 2-part self-imaging (carbonless).
DC111a “Answer, Nonpayment of Rent” (rev. 1/12). If you received the Complaint, Nonpayment of Rent (DC102a) and you disagree with the complaint you can file this answer with the court prior to the hearing.
DC111a 4-part self-imaging (carbonless).
DC111b “Answer, Damage/Health Hazard to Property” (rev. 1/12). If you received the Complaint, Damage/Health Hazard to Property (DC102b) and you disagree with the complaint you can file this answer with the court prior to the hearing.
DC111b 4-part self-imaging (carbonless).
DC111c “Answer to Complaint to Recover Possession of Property” (rev. 1/12). If you received the Complaint to Recover Possession of Property (DC102c) and you disagree with the complaint you can file this answer with the court prior to the hearing.
DC111c 4-part self-imaging (carbonless).
DC111d “Answer, Termination of Tenancy, Mobile Home Park-Mobile Home owner” (rev. 1/12). If you received the Complaint, Termination of Tenancy, Mobile Home Park-Mobile Home owner (DC102d) and you disagree with the complaint you can file this answer with the court prior to the hearing.
DC111d 4-part self-imaging (carbonless).