64B District Court

Landlord Tenant Division

The 64B District Court, Montcalm County, is in the process of creating an Eviction Diversion Program (EDP). Contact the Court clerk for information on the EDP. You can also contact the agencies below for financial assistance in helping to get your rent paid. 

The mission of the Court is to prevent needless evictions by connecting tenants who are behind in rent with temporary rental assistance. This Court will be working in conjunction with various private and public partners to accomplish this goal. Modeled on other programs across Michigan, these partner organizations help qualifying individuals with rental assistance so that they can avoid eviction and landlords can be paid the rent they are owed in a timely manner. We believe that this program will show favorable results for tenants, landlords, and the Court alike. Based on other models, it has been shown that the goals of keeping tenants in the rental unit, getting landlords paid and, ultimately, reducing the number of cases that come before the Court are readily achievable. Where implemented, it has been shown to have a positive ripple effect on the surrounding community because fewer people are displaced from their home due to temporary hardships.

Eligibility

To be eligible through these programs, unless stipulated to otherwise, (1) the tenant must not be more than 3 months behind in rent and have sufficient income to sustain rent payments into the indefinite future; (2) the landlord must agree in writing; and (3) the partners must agree to provide the assistance. 

Financial Assistance

To seek financial assistance, please contact:

Veterans 

Legal Representation

Legal Resources

What is Landlord Tenant Court?

The landlord tenant division is responsible for handling all real property disputes. Real property is considered land, and generally whatever is built 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. A landlord must specify the grounds to evict. The grounds a landlord may cite to evict a tenant include:

1. Nonpayment of rent;
2. Extensive and continuing physical injury to property;
3. Serious and continuing health hazard;
4. Illegal drug activity and formal police report filed (lease provisions must allow for termination on these grounds);
5. Violation of a lease provision and the lease allows for termination;
6. Forceful entry or forceful stay or trespass;
7. Holding over after natural expiration of lease term;
8. Assault of a landlord;
9. Just cause for terminating tenant of mobile home park (MCL 600.5775); and
10. Just cause for terminating tenant of government-subsidized housing (MCL 125.694a and 600.5714).

**Properties that are considered Corporations or Limited Liability Corporations must be represented by an attorney.

How to start the eviction process at the 64B District Court

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. Note: A suit for eviction and recovery of possession of the real property is different than a suit to recover unpaid rent. If you would like to both evict and recover unpaid rent, you will have to let the clerk know what suits you are filing. 

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.

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 start the lawsuit at the Court by filing the Summons and Complaint for Non-Payment of Rent (DC102a). The landlord will also need to provide:

• Summons (Original + 4 copies)
• Complaint for Non-Payment of Rent (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
• A hearing may be scheduled ahead of time by calling the clerk

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 start the lawsuit at the court by filing the Summons and Complaint to Recover Possession of Property. 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 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 to 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.

Frequently asked questions

Landlord Tenant

What do I need to do to start a Landlord Tenant case?

Before filing a Landlord Tenant case you must first serve a notice upon the occupants of the property to allow them a chance to move or pay up on their rent. If the occupants fail to comply with the notice served, then you may file the Summons & Complaint with the Court. The Complaint form should match the type of notice that was originally served.

Will I need to hire an attorney?

You are not required to have an attorney for Landlord Tenant cases unless you are a corporation or an LLC. You may wish to hire yourself an attorney if you are unfamiliar with the landlord tenant lawsuit process, Michigan Court Rules, and Michigan laws. If you choose to represent yourself, you are expected to abide by the requirements the same as an attorney would.

How much does it cost to file?

Please see the Filing Fees page. There will also be additional service fees that are incurred separately.

What does a Landlord Tenant Judgment mean?

The judgment will vary depending on the type of case filed, but generally the judgment gives the tenant(s) 10 days to vacate the property (or in some cases pay the rent owed) before the plaintiff may request to have a formal eviction done by a court officer.

How long do I have to move?

Unless the parties come to an agreement for a different length of time, you will have 10 days to move.

What is an eviction?

An eviction is the process of having a court officer come in to remove an occupant from a property that he/she is no longer legally allowed to occupy.

Can the judgment be appealed?

Yes. Appeals to Landlord Tenant judgments are done at 8th Circuit Court. The appeal process can be complicated and you may wish to hire an attorney for assistance, our clerks may not assist you with this process.

Basic Appeal Checklist (DC54)

I have a default judgment entered against me. Can I have this set aside?

You may pay $20 to file a Motion to Set Aside the Default Judgment. Your motion will be held in front of a judge with the plaintiff in attendance as well. The judge will determine if the default judgment is to be set aside. Filing this motion does NOT guarantee the judgment will be set aside. If you wish to stop the eviction process while waiting on this motion to he heard, you will also need to post one month’s rent into escrow with the Court.