If you are a landlord, or are considering becoming a landord, read the information below to learn about Landlord-Tenant law. 

1. Michigan Court Rule (MCR 4.201 et. seq.) governs the court rules for the filing and handling of a Michigan landlord/tenant case entitled Summary Proceedings to Recovery Possession of Premises.  As your attorneys, we our fully knowledgeable in all aspects of landlord/tenant law and most importantly the Court rules governing evictions as we know it is our client’s #1 goal to save time, costs, and money in obtaining possession as quickly as possible in most circumstances.  With this goal in mind, having an attorney is a must to competently and effectively deal with tenants and the court eviction system.  Since time is of the essence, we will seek an escrow order for our clients pursuant to MCR 4.201(H), if the trial date is adjourned more than 7 days.  Sometimes however, we may not obtain the appropriate escrow order if our client is not present at time of the hearing.  (Please note:  many judges require client attendance for court hearings).  We can also obtain an injunction in the appropriate case.

2. Michigan’s Summary Proceedings Act (MCL 600.5701 et. seq.) provides a simplified procedure for the recovery of real property.  The district court has jurisdiction over summary proceedings in the county and district(city/township) where the premises is located.  

A. LANDLORD/TENANT EVICTIONS (MCL 600.5714(1)):

• (1) Pursuant to MCL 600.5714(1), a person entitled to premises may recover possession of the premises by summary proceedings in the following circumstances:
  • (a) Failing or refusing to pay rent due under the lease or agreement (after 7 day written demand for rent)
  • (b)  24 hours following service of a written demand for termination of lease pursuant to a clause providing for termination because a tenant, member of tenant’s household, or other person under tenant’s control unlawfully manufactured, delivered, or possessed a controlled substance on the premises.  (Note-Formal police report must be filed by landlord—attach copy of police report to Complaint). 
  • (c)(i)  After termination of the lease pursuant to a power to terminate provide in the lease or implied by law.  (i.e. breach of contract --- 30 day notice)
  • (c)(ii) After the term of the lease has expired
  • (c)(iii) by notice to Quit 
  • (d)  Health Hazard.  The person in possession willfully or negligently causes a serious and continuing health hazard to exist on the premises, or causes extensive and continuing physical injury to the premises (discovery within 90 days before institution of proceedings) after 7 day notice to vacate or repair/restore the premises.
  • (e)  Trespass:  When a person takes possession of premises by means of forcible entry, holds possession of the premises by force after a peaceable entry, or comes into possession of premises by trespass without color of title or other possessory interest.
  • (f)  Mortgage Foreclosure- When a person continues in possession of premises sold by virtue of a mortgage or execution, after the time limited by law for redemption of the premises has expired.
  • (g) Probate sale.  A person continues in possession of premises sold and conveyed by a personal representative under license from the probate court or under authority in the will.
• (2)  Public Housing. A tenant or occupant of housing operated by a city, village, twp., etc. is not considered holding over under subsection 1(b) or (c ) unless the tenancy or agreement has been terminated for just cause, as provided by the lawful rules of the local housing commission or by law.
• (3)  Mobile Home Park.  A tenant of a mobile home park is not considered to be holding over under subsection 1(b) or ( c) unless the tenancy or lease agreement is terminated for just cause pursuant to Chapter 57a.

B.  MOBILE HOME PARK SUMMARY PROCEEDINGS

• 1. JUST CAUSE DEFINED: For purposes of just cause, means 1 or more of the following pursuant to MCL 600.5775(2):
  • (a) use of the mobile home site for an unlawful purpose.
  • (b) Failure by the tenant to comply with the lease or agreement by which the tenant holds the premises or with a rule or regulation of the mobile home park, adopted pursuant to the lease or agreement, which rule or regulation is reasonably calculated to any of the following:
    • (i) health, safety or welfare of the mobile home park, tenants or staff
    • (ii) quiet enjoyment of other tenants;
    • (iii) Maintaining the physical condition or appearance of the park, to protect value or aesthetic quality or appearance
  • (c ) violation of rules of Michigan Department of Public Health, MCL 125.2306
  • (d)  Intentional physical injury by the tenant or physical damage
  • (e)  Failure of the tenant to comply with local ordinance, state law, or government rule or regulation relating to mobile homes
  • (f) Failure of the tenant to timely payment of rent or other charges under the lease or rental agreement by which the tenant holds the premises 3 or more occasions during any 12 month period for which a written demand for possession for non-payment of rent pursuant to MCL 600.5714(1)(a) and the tenant has failed or refused to pay rent or other charges within the time period stated in the written demand.  Form of written demand: “Notice: Three or more late payments of rent during any 12 month period is just cause to evict you.”  
  • (g)  conduct by the tenant which constitutes a substantial annoyance to other tenants or the mobile home park after an opportunity to cure
  • (h)  Failure of the tenant to maintain the mobile home park site in a reasonable condition consistent with the aesthetics appropriate to the park
  • (i) Condemnation of the mobile home park
  • (j) Changes in the use or substantive nature of the mobile home park
  • (k) Public health and safety violations by the tenant.
• 2. MCL 600.5777 Within 10 days of service of a demand for possession of just cause, a tenant in a mobile home park shall have the right to request, by certified or registered mail to the owner/operator of the park an in-person conference.    Conference must be held within 20 days from the demand notice. 
• 3. During pendency of a “just cause” termination, the tenant must continue to maintain payments and landlord may accept payments without prejudice of its rights.  If payment is not timely made by the tenant during pendency, landlord may proceed under section 600.5714(1)(a) without prejudice to the maintenance of the just cause termination action. (standard non-payment of rent notice).
• 4. MCL 600.5781.  After termination for cause, tenant may sell his or her mobile home unit on-site.  Tenant has 90 days after judgment to sell or move mobile home.  If owner refuses a bona fide purchaser, the tenant shall have an additional 90 days to sell.   If tenant fails to pay rent during 90 day period, owner/operate may seek immediate writ of restitution.  After 10 days from judgment of possession, the owner/operator may disconnect all mobile home park supplied utility services (i.e. cable).  Within 10 days after Judgment, owner/operator entitled to receipt of proof of winterization by a licensed mobile home installer and repairer.   Owner/operator entitled to reasonable access to mobile home and mobile home must be kept within regulations and rules of the park.
• 5.MCL 600.5783 Every Judgment for Possession resulting from an action to terminate tenancy for just cause in a mobile home park must set forth the right of the tenant to sell the mobile home on site, the conditions of that right, and the consequences of the tenants failure to meet those conditions.

OTHER LEGAL RESOURCES FOR LANDLORDS/MOBILE HOME PARK OWNERS

• 1.Truth in Renting Act, Act 454 of 1978, MCL 554.631-.641Security Deposit Compliance
• 2. Landlord and Tenant Relationships Act, Act 348 of 1972, MCL 554.601-.6163.
• 3.  MCL 554.139:  Lease or license of residential premises, covenants; modifications; liberal construction, inspection.  In every lease or license of residential premises, the lessor or licensor covenants:
  • (a)  premises and all common areas are fit for the use intended by the parties;
  • (b)  To keep premises in reasonable repair during the term of the lease or license and to comply with applicable health and safety laws of the state and of the local unit of government except when the disrepair or violation ..has been caused by the tenants’ willful or irresponsible conduct.
  • (c) the parties may modify the lease or license when has current term of at least 1 year.
  • (d) The provisions of this section shall be liberally construed…
• 4.  MCL 600.2918 Damages for Forcible entry and detainer; damages for unlawful interference with possessory interest; action for possession; claim for injunctive relief; joinder; waiver; limitations.