CONSENT ORDER1. The Plaintiff is owed $_____ inback rent.2. The back rent is to be reduced by$_____, because the Plaintiff failed to make thefollowing repairs:____________________________________3. The back rent is to be reduced by$_____, because the Defendant spent thatamount either at the Plaintiff’s request or to repairthe premises.4. The back rent is to be reduced by$_____ to compensate Defendant for damagesarising from Plaintiff’s illegal eviction,interference with possessory interest, trespass tochattels and/or conversion .4a. The Court shall enter an escroworder in the amount of $___________, areasonable rent after deducting for anyconditions of inhabitability, beginning ________(date) on a monthly basis until directed otherwiseby the Court.4b. The Defendent shall pay backrent, totaling $________, directly to the Plaintiff by _________ (date). The Plaintiff  will willnot accept partial payment up until that date.5. Plaintiff will make the followingrepairs within ___ days:_____________________________6. Should the Defendant fail tocomply with this Order, the Plaintiff may bring aShow Cause Motion, and upon a ﬁnding of nocause, Plaintiff may seek judgment and any otherrights secured by Michigan law. Should thePlaintiff fail to comply with this Order, theDefendant may bring a Show Cause Motion, andupon a ﬁnding of no cause, Defendant may seekdismissal of claim for possession, injunctiverelief, reduction in escrow amount, disbursementof escrow funds and any other rights secured byMichigan law.
On Line #2 of the Summons you will ﬁnd the date and location whereyour case will be heard. SHOW UP.
If you miss it, or are even late, a default judgmentwill be entered against you, meaning you lost. You can ﬁle a motion to vacate (FORM DC99), butthey are rarely granted. You should try to negotiate a settlement with your landlord before yourcourtdate, especially if you are in subsidized housing or are renting a lot for your mobile home.Losing a subsidy or your mobile home if you don't have the money to move it can be ﬁnancially andemotionally devastating.The Judge/Clerk will call your case.
The Courtwill ask you and the landlord to try to negotiatea settlement.
During the negotiation, the landlord's attorneywill likely recite what is in the complaint and askyou to sign a
is a judgment against you, and you canbe evicted after 10 days if you do not follow theterms in it.
don't take intoaccount any repairs that need to be made orclaims you have against the landlord. By signingit, you will give up many of your rights.We suggest you sign a
based onthe sample on the left. We drafted it to protectthe rights of tenants. Some major differencesbetween a
is that the
not a judgment
against you, negotiates the escrowamount and repairs to be made, and gives youenforcement rights against the landlord if theyfail to perform any obligations. Further, even if you fail to perform, they must ﬁrst testify thatthey have done everything in the
before they can get you evicted.
Sign both parts of the Answer, checking Personal Service in theCertiﬁcate of Service section and make three (3) copies. Bring with youany witnesses or documents that help prove your case.
Photocopy the Answer on the back of this ﬂowchart.
Fill it in as you go throughthis ﬂowchart. While you have the right to answer orally in court, it is better to ﬁle a written answerbecause it helps you know what your rights are and judges know what your side of the case is.
YOU MUST FILE A WRITTEN ANSWER IF YOU HAVE COUNTERCLAIMS
The ﬁrst section of the Answer is in direct response to the points raised by the Landlord in theComplaint. You will need to check the boxes that correspond to the Complaint you received.The Complaint has a speciﬁc reason for eviction set forth in its Line 4. In the Answer's Line 4, youshould check the box that most closely responds to Complaint. In No. 8, you can request a jury trial.If you do not select it, you will be given a trial by the judge. Although not always the case, juries tendto be more sympathetic to tenants. There is a jury fee of $50.00, but you can get that waived byﬁlling out FORM MC20 and ﬁling it with the court.The second section of the Answer is Afﬁrmative Defenses to the Landlord's claim for possession(Complaint). This is where certain facts can change the amount you owe and/or negate the reason fortrying to evict you. Check all the boxes that ﬁt your situation.The third section of the Answer is Counterclaims, where you get to sue the Landlord. If the Landlordhas wronged you, check all the boxes that ﬁt your situation. The ﬁnal section is called the Prayer,where you tell the Judge what you want the Court to do.YES
Did you cometo anagreement?
Wait for the Courtto call your case.The Judge will askyou if youunderstand theterms of thesettlement andagree to them. If you do not, it isimportant to speakup now and ask the judge to explain itto you.If the property is inhabitable (not livable), you can say,
"I motion under court rule 4.201(H)(1) for aninjunction for the landlord to immediately repair the premises so that the premises becomestenantable. Currently I have no (heat, water, electricity, gas, locks on doors, etc...)."
If you want thelandlord to giveyou evidenceor documents,say:
"I request adiscovery for..."
If the landlord seeks an escrow orderand the landlord has not kept yourapartment maintained, tell the judge:
"I seek a hearing to determine thereasonable rent of the propertybecause of its unlivable condition."
NOThe Court will againcall you in front of the Judge and ask if youcame to an agreement.If you are notprepared, you can tellthe judge:
"I need aone week continuanceso that I may obtain anattorney and/or ﬁle ananswer."
If you are ready, tellthe judge:
"I haveprepared an answerand would like tosubmit it now." Handthe original and a copyto the clerk and a copyto the Landlord.
At trial, make your case by reading from the Answerand providing the judge or jury with the facts andevidence that apply to each number paragraph.
Michigan Guide toLandlord-Tenant Court