Overview of Michigan District Courts
Most landlord-tenant lawsuits in Michigan land in the district court, the trial-level venue that hears civil cases under $30,000, traffic tickets, and misdemeanors. District courts sit in each county and larger cities—think 36th District in Detroit or 15th in Ann Arbor. For rental disputes they exercise “summary proceedings” power, a fast-track process designed to balance a landlord’s need for possession with a tenant’s right to due process.
The courtroom layout rarely changes: judge or magistrate on the bench, clerk in front, bailiff to the side, parties at the counsel tables, and a short gallery behind. If the docket is long, some courts call multiple cases at once—listen for your name. Don’t panic: you can always ask the judge for a quick explainer if terms like “motion” or “adjournment” confuse you. Free legal-aid lawyers often staff hallway clinics on eviction day, so arrive early.
Jurisdiction matters because filing in the wrong court can doom a case. Michigan Compiled Laws 600.8312 assigns landlord-tenant jurisdiction to the district where the property sits, not where the landlord’s office is. Understanding this framework makes every later deadline easier to track.
Filing a Complaint
Landlords begin an eviction or rent-claim lawsuit by filing Form DC-102a, “Complaint to Recover Possession”, along with a Summons and either the lease or a demand-letter exhibit. Filing must occur in the district court that covers the rental’s address. The 2025 statewide filing fee for summary proceedings is $55 plus a $15 judgment fee. Tenants sued for money damages alone see fees closer to $75. Low-income renters may submit a Poverty Exemption Affidavit (Form MC 20) to waive these costs—a right under MCL 600.4011.
The complaint should list every adult tenant and specify the grounds—non-payment, termination after notice, health-code violation, or other breach. Double-check the venue box; landlords sometimes file where their corporate office sits to gain convenience. Incorrect venue is an automatic defense later.
If you’re filing your own suit—say, to force repairs—you’ll still use district court. File Form DC-84 (Small-Claims) for amounts under $9,500, or DC-102a coupled with a money-damages count for larger stakes. Keep three stamped copies: one for service, one for your records, and one to bring on hearing day. See our upcoming online-forms guide for screenshots of each e-file step.
Service of Process Rules
Under MCR 2.105(C), the summons and complaint must reach each tenant at least three business days before the first court date. Acceptable methods include:
- Personal delivery by a process server or any adult not named in the case.
- Certified mail, return-receipt requested, plus proof of delivery filed with the court.
- First-class mail + posted copy on the main door if personal service fails after diligent attempts.
Process servers may charge mileage—typically $0.655 per mile—recoverable as court costs if the landlord wins. A valid service package contains: Summons, Complaint, Lease (if cited), Demand Notice, and sometimes a “Tenant Checklist” mandated by local administrative order. Keep envelopes, green cards, or photographs in case you need to argue defective service.
Tenant Answer & Counterclaim
Tenants have only seven calendar days after receiving the summons to file a written Answer (Form DC-106a). Missing the deadline lets the court enter a default judgment, so act fast. Common defenses include improper notice of eviction, payment proof, and violations of the habitability duty.
You may also tack on a counterclaim for rent abatements—Michigan judges routinely offset unpaid rent against repair costs or utility shutoffs. To calculate an offset, use the formula: (Fair Rent × Days Uninhabitable) ÷ Lease Days. Our upcoming Repair Offset Calculator will crunch it for you.
Want a jury? File a written demand and pay a $50 fee before the first appearance. Jury trials are rare in eviction cases but can pressure settlement. Remember: an Answer is not storytelling space—organize by numbered paragraphs mirroring the Complaint so the judge can compare quickly.
Key Deadlines Cheat Sheet
| Step | Statutory Days |
|---|---|
| Answer filed | 7 |
| First hearing set | 10–14 |
| Adjournment request window | ≥3 before hearing |
| Appeal deadline | 10 after judgment |
| Writ execution earliest | 10 after judgment |
Pre-Trial Mediation
Michigan district courts must offer mediation before trial if either side requests it. Many courts partner with Community Dispute Resolution Program (CDRP) centers to provide free mediators. Sessions run in-person or via Zoom; parties meet in a joint room for introductions and then caucus privately. Agreements transform into consent judgments—binding like a trial verdict—so review every detail before signing.
Mediation lets renters negotiate realistic payment plans, repair timelines, or move-out dates without a public judgment on file. Proposals often include conditional dismissals (“case dismissed if tenant pays $400 by July 15”) that vanish from OCM dockets once conditions are met. Explore our mediation services guide for preparation tips.
If you reach no agreement, the case returns to the judge the same day. Nothing revealed in mediation is admissible at trial, so speak openly about finances and settlement ideas.
Summary Proceedings Timeline
- Notice Served
Landlord delivers statutory 7-day or 30-day notice. Failure to serve properly is a defense later.
- Complaint Filed
After the notice period ends, landlord files forms and pays fees; court issues a summons with a hearing date 7-10 days out.
- First Hearing
Often a mass docket. Judge checks service, hears possession issues, may enter judgment or set trial within 7 days.
- Trial or Consent Judgment
Parties present evidence or announce settlement. If trial proceeds, judge usually rules the same day.
- Writ of Restitution
If landlord wins, they may request a writ after a 10-day waiting period. The sheriff posts a 24-hour notice before physical eviction.
Trial Day Expectations
On trial day, arrive at least 30 minutes early. Many landlords line the hallway with last-minute settlement offers—sometimes better than what the judge might order. Inside the courtroom, the clerk will call the docket. When your case is announced, walk to the podium and state your name.
Dress business-casual: jeans are allowed, but avoid hats, ripped clothing, or graphic tees. Bring three copies of every exhibit: one for the court, one for the landlord, and one for yourself. Label photos (“Exhibit A – Mold Behind Sink”) and staple receipts in chronological order. If you need an interpreter, request one at least 48 hours in advance; the court provides them free under Michigan Court Rule 1.111.
During testimony, speak only when questioned. To object, stand and state the basis (“hearsay,” “lack of foundation”). Judges in summary proceedings relax evidence rules but still appreciate organized objections. Most trials last under 45 minutes; the judge will announce a decision immediately or mail it within five days.
Post-Judgment Options
If you lose by default or at trial, all is not lost. Michigan Court Rule 2.603(D) lets tenants file a Motion to Set Aside Default within 14 days by showing good cause (e.g., defective service) and a meritorious defense. File quickly—clerks can schedule a hearing within a week.
To stall a Writ of Restitution, tenants may post a “stay bond” equal to one month’s rent plus costs. Courts rarely waive bonds, but some nonprofit funds assist. A signed Installment Payment Order can forestall wage garnishment on money judgments.
Judgments appear on tenant-screening reports, not FICO credit scores, yet unpaid balances often hit collections. Paying within 28 days can remove some blemishes. More options live in our eviction process guide.
Record Sealing & Appeals
Starting in 2025, tenants may request sealing of certain eviction records by filing Form MC 56a. Eligibility hinges on satisfying judgments or proving law violations. The clerk sets a hearing within 21 days; landlords may object.
Want to appeal? Michigan landlord-tenant appeals stay in district court but proceed under de novo review in the circuit court. File a Claim of Appeal within 10 days of judgment and post a supersedeas bond (usually one year’s rent) to halt enforcement. Watch proposed HB-y, which may lower bond amounts for low-income renters by 2026.
You can also seek leave to appeal for late filings, but success rates are low. Search unpublished opinions on the State Court Administrative Office site to gauge chances before spending filing fees.
Frequently Asked Questions
Need number-crunching help? Visit our Small Claims Court guide for calculators and forms.