Legal Question in Landlord & Tenant Law in Michigan
The right forms?
I had a friend who was using our house. No rent was ever paid, no written agreement ever signed, but when she moved out, there was significant damage to our property. Over three truckloads of trash, dog urine and feces were hauled out of our house. My husband are running the estimates and it's looking like $4300-4800 damage - all carpets need to be ripped out. We had a police officer called and a report filed. There's also outstanding utility bills we had in our name that she's not paying. She WAS a very good friend and was going through a divorce; why we began letting her live in our second home. I need help - what type of complaint do I file? Is there a form I can follow?? PLEASE, money is very tight right now.
1 Answer from Attorneys
Re: The right forms?
Sue your "friend" in District Court (not small claims). Get a Summons and Complaint from the Court Clerk. Draft your own Complaint for Trespass to Chattels. Put The name and location and telephone number of the court, e.g., 55th District Court ... on the top of the paper. Below that, on one side put your husband's name as plaintiff, with your address and "in pro per" meaning you are representing yourself. On the other put the defendant's name and address. Jump down a few lines and put "Complaint" Now comes [your husban'ds name] by himself and for his complaint states as follows:
1. I am a resident of ... county.
2. X damaged my property and I am now suing for the cost of repair and/or replacement.
3. On X date, I ....
4. X damaged the following property of mine: See photo exhibits attached hereto.
5. Proof of the cost of repair and/or replacement is attached.
6. The cost of repair is ...
WHEREFORE, I pray for the cost of repair and/or replacement of the damages.
Take this to the district court in the county in which you reside.
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)