Michigan Small Claims Court Filing Guide for Renters

If you’re a renter in Michigan facing issues with your landlord—such as unreturned security deposits, unpaid repairs, or disputes over rent—you may be able to resolve your problem in small claims court. This guide explains, in clear terms, how you can use Michigan’s small claims process, what forms you'll need, and where to get help. Understanding your rights under Michigan law is the first step to protecting yourself and achieving a fair outcome.

Who Handles Rental Disputes in Michigan?

In Michigan, District Courts oversee small claims cases, including those related to landlord-tenant issues. These courts are located throughout the state and have authority to hear cases involving money damages up to $6,500 (as of 2024).

Michigan Rental Laws You Should Know

The key laws covering landlord–tenant relationships in Michigan are found in the Michigan Truth in Renting Act and the Michigan Landlord and Tenant Relationships Act.^1,2

When Can Renters Use Small Claims Court?

Small claims court is a suitable choice for renters seeking to resolve issues such as:

• Security deposit disputes (for example, if your landlord won't return your deposit after you move out)
• Unpaid repairs or maintenance issues covered by your lease
• Money owed for overpayment of rent or other costs

You cannot use small claims court for eviction (to stay in your home), but you can sue for money you are owed.

How to Start a Small Claims Case in Michigan

The process begins by completing and submitting the correct forms at your local District Court. Here’s what you’ll need:

Essential Small Claims Forms for Renters

• Affidavit and Claim (DC 84)
  Official Form
  Use this form to officially start your case and explain your claim. For example, if your landlord refused to return your security deposit, complete the Affidavit and Claim, attach any supporting documents, and file it with the local District Court.
• Notice of Hearing (DC 87)
  Official Form
  The court will give you this notice after you file, telling you when and where your hearing will be held. Bring it to court and keep a copy for your records.

You can find all official small claims forms and instructions on the Michigan Courts Small Claims Information page.

Filing Your Claim: Step-by-Step

• Prepare your claim and gather supporting evidence (receipts, lease agreements, photos, messages)
• Complete the Affidavit and Claim (DC 84) and file it at the District Court in the area where your rental is located
• Pay the court filing fee (varies by amount, usually $30–$70)
• Arrange to serve the defendant (landlord) with a copy of the filed claim
• Attend the scheduled hearing on the Notice of Hearing (DC 87)

After you file, the court sets a date for the hearing. Both you and your landlord can present evidence. Always bring clear documentation to help your case.

What Can You Ask For?

• The amount of money owed (up to $6,500)
• Return of security deposit
• Repayment for repairs you had to pay for

Keep in mind, you cannot claim for pain and suffering or evict a landlord in small claims. It’s only for money disputes.

What Happens After the Hearing?

If the judge decides in your favor, the court will order payment from your landlord. If your landlord does not pay, you may need to ask the court to help you collect through a garnishment.

Summary

Small claims court is a straightforward way for Michigan renters to get back deposits or money owed. Prepare your evidence carefully and follow each court instruction.

Frequently Asked Questions

1. How much can I sue for in Michigan small claims court?
   As of 2024, you can sue for up to $6,500 in money damages.
2. Do I need a lawyer to file in Michigan small claims?
   No, lawyers are not allowed to represent parties in small claims cases in Michigan. The process is designed to be user-friendly for individuals.
3. What does it cost to file a small claims case?
   Filing fees depend on the amount you are seeking but typically range from $30 to $70. Additional costs may apply for serving documents.
4. Can I use small claims court to stop an eviction?
   No, eviction is handled in a separate district court procedure. Small claims can only order the landlord to pay you money, not allow you to stay.
5. Which official forms do I need as a renter?
   You’ll need the Affidavit and Claim (DC 84) to start your case and the Notice of Hearing (DC 87) from the court for your hearing date.

Conclusion: Key Takeaways for Michigan Renters

• You can resolve many landlord-tenant money disputes in Michigan small claims court.
• Use the Affidavit and Claim (DC 84) form to start your case; prepare strong evidence.
• If you win, the court can order your landlord to pay—up to $6,500.

Need Help? Resources for Renters

• Michigan Legal Help - Housing Disputes: Free guides and forms for renters.
• Michigan Attorney General: Landlord-Tenant Rights: Official tenant rights information and contacts.
• Michigan District Courts - Small Claims: Find your local court and filing instructions.

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1. Michigan Truth in Renting Act (Act 348 of 1972)
2. Landlord and Tenant Relationships Act (Act 454 of 1978)
3. Affidavit and Claim (DC 84) – Michigan Courts
4. Notice of Hearing (DC 87) – Michigan Courts
5. Small Claims Court – Michigan State Court Administrative Office Brochure

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