Summary Proceedings

Court (62-B District)

Summary Proccedings

What is a Summary Proceeding?
A summary proceeding is an eviction proceeding heard before a district court judge.
What are sufficient grounds to evict a tenant?

A landlord must specify the grounds to evict.  The grounds a landlord may cite to evict a tenant are the following:

  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 peaceful try, but 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).
How much notice is required?
The notice is required before a summary proceeding can be initiated at the court.  The required notice time depends upon the grounds for eviction (see the chart below).  After this time period lapses, a landlord may file an action at the court.
What does the notice require?

A notice must:

  1. Be in writing;
  2. Be addressed to the tenant;
  3. Describe the rental property (address is sufficient description);
  4. Give reason(s) for eviction;
  5. State the time for tenant to take remedial action;
  6. Include landlord’s signature; and
  7. Include a date.

Further the notice must be delivered to the tenant.  This can be in person, at the rental property to a person of suitable age to be delivered to tenant, or by sending it through first class mail addressed to tenant. Click here for commonly used notice forms or click here for complete list of notice forms.

What rights does the defendant have?
For nonpayment of rent, please watch the first slide show.  For eviction cases, please watch the second slide show.