The District Court processes landlord-tenant claims (summary proceedings) to recover the possession of premises.

The following procedures will serve as a general guideline to recover possession. This information is not legal advice. The State Court Administrative Office also offers general guidelines. For legal advice contact an attorney. Local attorneys are listed on the Kalamazoo County Bar website.

A complaint for money damages may be included along with your complaint for possession. (However, please note that the complaint for money damages is governed by the rules of general civil, not small claims.) .

The Kalamazoo County District Court venue encompasses the entire Kalamazoo County jurisdiction, including the cities of Portage and Kalamazoo. You may file your case at any of the three District Court Locations listed above, if the property is located in Kalamazoo County. However, the matter will be heard at the District Court Location for the specific venue. Ask the clerk where your case will be heard.

1. FIRST REQUIREMENT IS TO SERVE A NOTICE TO YOUR TENANT
   
   
   1. Choice of Notice
      1. Demand for Possession/Non-payment of rent. This notice gives the tenant 7 days to comply.
      2. Notice to Quit for Termination of Tenancy. This notice provides the length of time equivalent to the rental period for the tenant to move (i.e., 7 days (weekly); 14 days (bi-weekly); 15 days (semi-monthly); or 30 days (monthly). If the tenant has a lease, you should consult with an attorney.
      3. Notice to Quit for Health Hazard/Injury to Premises. This notice gives the tenant 7 days to comply.
   2. Service of the above notices may be made on the following ways:
      1. Personally delivering notice to the tenant
      2. First class mail
      3. Leaving notice with a responsible person at the premises.
   
   
   
2. FILING AT THE COURT
   
   If the tenant does not pay, move, or make repairs after proper service of one of the preceding notices, then the landlord must file the necessary forms with the Court and pay the filing fee.
   1. The following forms are required to file a landlord tenant case. Please be sure to complete all portions of the forms:
      1. SUMMONS: One carbon set for each tenant must by filled out as much as possible. (OR, one carbon set and two copies of page 2 for each additional tenant) Hearing date and time is set by the Court Clerk.
      2. COMPLAINT: Non-Payment of Rent, Termination of Tenancy, Health Hazard/Injury to Premises - One carbon set and two copies for each additional tenant must be filled out as much as possible.
      3. Original notarized Notice to Quit/Demand for Possession with two copies for each tenant.
      4. Copy of lease agreement for court (if applicable) with two copies for each tenant.
      5. An envelope with proper postage addressed to each tenant.
   2. Service
      1. Above documents must be served by a court officer or process server and 1st class mail.(If stamped envelopes are not provided, there will be a $2 charge per defendant.)
      2. The Court officer bills landlords directly for statutory service fees plus mileage for each tenant.
   3. Filing Fees

      Possession	. . . . $ 45
      Possession and Money Damages up to $600.00	. . . . $ 70
      Possession and Money Damages $600.01 to $1,750.00	. . . . $ 90
      Possession and Money Damages $1,750.01 to $10,000.00	. . . . $110
      Possession and Money Damages $10,000.01 to $25,000.00	. . . . $195

   
   
   
3. MONEY JUDGMENT
   If the plaintiff filed a claim for possession and a claim for money damages, a money judgment may be awarded if there was personal service on the tenant or if the tenant appeared in court. Both judgments need not necessarily be taken at the same time. If there has not been personal service, further attempts to make personal service can be made. In addition, any physical damages and unpaid rent to the date of final re-possession of the premises may be asserted by an amended complaint for money damages and served or re-served upon the tenant without paying a new filing fee. If the amount of money damages increases, the difference may require an additional filing fee. This will also include a decision as to the entitlement to any security deposit. Be aware of the reciprocal obligations of both parties as to the security deposit.

DISCLAIMER
The data contained herein is for informational purposes only; it is not legal advice. Legislative changes effective on or about the last website update may not be included. This website was last updated on 6/4/06.