Michigan > Statewide > Landlord Tenant And Land Contract
Complaint Health Hazard Or Injury to Premises Landlord Tenant DC 102b - Michigan
| Complaint Health Hazard Or Injury to Premises Landlord Tenant Form. This is a Michigan form and can be used in Landlord Tenant And Land Contract Statewide . |
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Form DC 102b COMPLAINT, DAMAGE/HEALTH HAZARD TO PROPERTY Use this form if: · you want to start eviction proceedings against a tenant who has caused extensive and continuing damage or a serious and continuing health hazard to rental property, and · you delivered to the tenant within 90 days of discovering the damage or health hazard a demand for possession because of damage or health hazard, and · at least 7 days has passed since the date you delivered the demand for possession. American LegalNet, Inc. www.FormsWorkFlow.com COMPLAINT CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. Fill out all requested information on the form? Attach a copy of the demand for possession and any other supporting documents? Make all necessary copies of the form and attachments? Prepare the top portion of the summons form (DC 104)? File the complaint, attachments, filing fee, and summons with the clerk of the court? Have the summons and complaint, with attachments, served on the tenant? Keep one copy of the summons, complaint, and attachments for yourself? YES YES YES YES 3. 4. 5. YES 6. YES 7. YES If you cannot answer "yes" to all the above steps, a hearing/trial on your complaint may be delayed or your complaint may be dismissed. By using this form packet you are representing yourself in a court action for eviction. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the court may not give you the result you want. If you have any questions about any step in the process, refer to pages 3 through 7 of this booklet for details and review the information in the Self-Help Center at http://courts.michigan.gov/scao/selfhelp/landlord/evictdp_help.htm. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM DC 102b FILING AND SERVING A COMPLAINT »» DECIDING TO FILE A COMPLAINT If you served a notice to quit because of a serious and continuing health hazard or extensive and continuing damage to your property and the tenant did not repair the damage or remove the health hazard or move out as you requested in the notice, you must file a complaint with the district court to regain possession of your rental property by evicting the tenant and, if applicable, to get a judgment for money damages against the tenant. »» FILING A COMPLAINT 1. Do you need an attorney? To get an order evicting the tenant from your property, you must file a complaint with the district court in the county or city where the property is located. You can hire an attorney or represent yourself. If you can follow all the steps outlined in this packet, you may not need an attorney. However, if after reading this packet you think you need assistance, you should call an attorney. If you are not the owner or sublessor of the property, an attorney must sign the complaint and appear in court. A sublessor is a tenant who has sublet his or her property to another. 2. What does it cost? There is a fee for filing a complaint against a tenant who has damaged the rental property or created a health hazard on the real property. The cost to file a complaint with the district court is $45.00. If you are seeking money damages, you must pay an additional filing fee as follows: $25 for damage claims up to $600 $45 for damage claims from $600 to $1,750 $65 for damage claims over $1,750 to $10,000 $150 for damage claims over $10,000 to $25,000 The plaintiff (landlord) is responsible for paying the filing fee and other fees. If the judge rules in favor of the plaintiff, these fees may be added to the judgment amount against the defendant. 3. Fill out the Complaint form. Fill out form DC 102b (Complaint, Damage/Health Hazard to Property) on the website or get a paper copy of the form from the court to fill out. Follow the instructions on page 8. After completing form DC 102b, print four copies. If there is more than one defendant, you will have to make extra copies for each defendant before you file your complaint. Fill out the top part of form DC 104 (Summons). You will provide the summons (form DC 104) to the court when you file the complaint (form DC 102b). After completing form DC 104, print the form. Two of the copies are for the tenant and contain a section on how to get legal help. The remaining three copies contain a section for certificate of mailing. Finally, there are two proofs of service. 4. Put your packet together. After printing the completed complaint (form DC 102b) and the summons (form DC 104), put PAGE 3 together four packets. For each packet, put the summons on top, followed by the complaint, the American LegalNet, Inc. www.FormsWorkFlow.com demand for possession, and your lease or occupancy agreement. Staple each packet individually. All these documents are your complaint packet. NOTE: These instructions are written for one defendant. If there is more than one defendant, you will have to make an additional copy for each defendant for all the remaining steps. Keep for yourself the remaining summons page and the two proof of service pages. You will need these later. See Step 5a and Step 5b. 5. File the Complaint packet with the court. Generally, it is a good idea to file your complaint packet with the court in person because you can make arrangements with the court to have the summons and complaint served on the defendant. Also, if you have forgotten something, you can take care of that right away. To file in person, follow the instructions in step 5a. If you don't want to file with the court in person, you can mail all four complaint packets and the remaining summons page to the clerk of the court in the district court where your property is located. The steps for mailing are more inconvenient because you may have to go to the post office several times and the arrangements for service of the complaint packet will be more time consuming. To file by mail, follow the instructions in step 5b. You must include payment for the filing fees when you file the complaint packet. If you can't afford to pay the filing fee, ask the clerk of the court for an Affidavit and Order, Suspension of Fees/Costs (form MC 20, which is not included in this packet). If you are also seeking money damages, make sure you include the additional filing fee. Step 5a: Filing with the court in person and making arrangements for service by the court Filing the Summons and Complaint packet: Take t
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