The certificate of compliance decides more Detroit cases than the rent ledger
Detroit’s rental ordinance says an owner must secure a certificate of compliance, which shows the property passed a city inspection, before the property may lawfully be occupied. The 36th District Court’s Landlord-Tenant Division now asks every landlord who starts a possession case to provide a copy, citing Detroit City Code § 8-15-82, and warns that failing to provide one could negatively impact the case.
The ordinance changes that took effect January 1, 2025, under Ordinance 2024-27, make the link explicit. An owner’s failure to obtain a certificate is considered a breach of lease under MCL 600.5720, and when possession is claimed for nonpayment the court decides whether that breach excuses the rent. Michigan’s court rule already requires the complaint to allege the property complies with local health and safety laws.
Most Detroit rentals don’t have one. City officials have estimated roughly 85,000 rental properties with fewer than 12,000 certified. If your building is among the rest, fix that before you serve a demand, because a represented tenant will raise it at the first hearing.
Rent escrow: when tenants can stop paying you
Tenants in a Detroit rental with no certificate of compliance, or with documented violations that pose a real safety risk, can pay rent into the city’s Rental Escrow Program instead of to the owner. Paying into escrow is not a lease violation, though the tenant must notify you. While rent is escrowed for a property without a certificate, the ordinance bars actions for rent and possession based on that rent.
The escrow rules adopted in September 2025 add detail. A tenant must be current on rent to join, or get current within three business days. The city inspects, and after a passing inspection you have seven calendar days to obtain the certificate or pay the required fees to avoid being placed in the program. Repair-account money can be advanced to the owner for repairs, half up front and half after verified completion. Where the basis is a safety violation, the city reviews the account at least every 120 days and releases funds to the tenant if the unit is still out of compliance.
Retaliation is barred too. You can’t end a tenancy to avoid compliance or because a tenant reported violations or a suspected lead hazard.
What you file at the 36th District Court
The 36th District Court’s Landlord-Tenant Division handles disputes over property in the City of Detroit, including nonpayment, termination, health hazards, trespassers and land contract forfeitures. Forms can be bought and filed at the Civil Division on the second floor or downloaded from the State Court Administrative Office. The court’s filing checklist is short and strict.
- The court copy of the demand for possession for nonpayment (DC 100a) or notice to quit (DC 100c)
- A five-part landlord-tenant summons (DC 104)
- A four-part complaint for nonpayment (DC 102a) or to recover possession (DC 102c)
- Your City of Detroit certificate of compliance
- The filing fees, plus a separate $50 jury fee if you demand a jury
- Service of the summons and complaint by a competent adult who isn’t a party, with proof of service filed before the hearing. The court recommends a court officer unless you know the rules well.
Detroit’s right to counsel at the first hearing
Detroit’s City Council created a right to counsel for tenants in 2022, and the city’s Office of Eviction Defense now runs it with five legal aid partners: United Community Housing Coalition, Michigan Legal Services, Legal Aid and Defender, Lakeshore Legal Aid and Neighborhood Defender Services. Detroit residents with household income at or below 200% of the federal poverty level qualify, and the coverage reaches eviction cases, land contract forfeitures, foreclosure-related cases and threats to rent subsidies.
The court calendar is built around it. The first court date is held virtually by Zoom, where tenants can meet right to counsel attorneys and go through intake. Tenants usually don’t see the judge at that first date and come back for an in-person second hearing, where most cases resolve. A tenant who first appears at the second hearing can still ask for a free lawyer and go to Room 417 for intake.
Funding is the open question. The program ran mostly on federal ARPA money, post-ARPA city funding was set to begin July 1, 2026, and the city’s 2025 annual report estimated its state funding would last until about February 2027 at 2025 spending rates. Plan for a represented tenant either way.
Judgment day: what Detroit asks the landlord to bring
At the hearing, the landlord must hand up a completed judgment form and a stamped envelope for each tenant, using the court’s address as the return address. If you don’t show, the case is dismissed. If the tenant was properly served and doesn’t show, the court can enter a default judgment. Most contested cases end in a consent judgment that both sides and the judge sign, setting a payment schedule or a move-out date.
Court officers carry out Detroit evictions
If the tenant doesn’t follow the judgment, you can file for an order of eviction 10 days after it was entered. You file at the Civil Division cashier counter on the second floor with the fee and a stamped envelope addressed to the tenant, and you can give written instructions for the officer. A judge must sign the order.
Once signed, the order can only be executed by a 36th District Court officer chosen by the plaintiff. The officer contacts you with the cost of carrying out the eviction, which is separate from the court’s filing fees. The court mails the tenant notice that the order was filed, and a tenant who wants a stay has to ask a judge at the civil counter, usually with a deposit of one month’s rent.
Detroit eviction timeline at a glance
This table covers a residential nonpayment case at a certified building with no escrow, stay or appeal.
| Step | Deadline | Rule |
|---|---|---|
| Demand for possession (DC 100a) | 7 days | MCL 600.5714(1)(a) |
| File summons, complaint and certificate | After the demand runs | 36th District Court checklist; City Code § 8-15-82 |
| First hearing, by Zoom | Within 10 days of the summons | MCL 600.5735 |
| Adjourned in-person hearing | 7 to 14 days later | MCR 4.201(K) |
| Rental assistance stay if applied | Up to 28 days | MCR 4.201(I) |
| Request order of eviction | 10 days after judgment | MCL 600.5744 |
| Execution by a court officer you choose | After a judge signs the order | 36th District Court |
Worked example: a $1,100 one-bedroom in a 20-unit Detroit building
Assume a one-bedroom in a 20-unit Detroit building rents for $1,100 a month, or $36.16 a day, and the building has a current certificate of compliance. Rent due on day 0 isn’t paid, and you hand the tenant a demand on day 1. Assume $1,000 for an attorney, with the court officer’s fee quoted separately.
The demand runs through day 8 and you file on day 9. The first Zoom hearing falls on day 19, the tenant is screened for counsel and the case is adjourned 7 days to an in-person hearing on day 26, where judgment enters. The order of eviction can be requested on day 36.
That path costs $1,302 in lost rent, or $2,302 with the attorney, before the officer’s fee. A rental assistance stay of up to 28 days would add about $1,012, and every week the officer needs adds $253.
Now run the same unit without a certificate. If the tenant escrows rent and the court treats the missing certificate as a breach that excuses rent, three months of escrowed rent is $3,300 you may not collect, on top of a case that may not result in possession at all.
| Item | Days or rate | Cost |
|---|---|---|
| Daily rent at $1,100 a month | $36.16 a day | |
| Lost rent, due date to order of eviction | 36 days | $1,302 |
| Assumed attorney fee | $1,000 | |
| Total before the court officer fee | $2,302 | |
| Rental assistance stay, maximum | 28 days | $1,012 |
| Three months escrowed without a certificate | 90 days | $3,300 |
A pending lawsuit every Detroit landlord should watch
In 2026 the Detroit Tenants Union sued the 36th District Court in Wayne County’s Third Circuit Court, arguing that judges shouldn’t let landlords collect rent or evict in nonpayment cases when the property lacks a certificate of compliance. The court has asked for dismissal, arguing judges need discretion to weigh the evidence. As of mid-September 2026, no ruling had been reported. If the union wins, a certificate would effectively become a condition of every nonpayment eviction in Detroit.
Alternatives that work in Detroit
The first hearing is built for settlement, and right to counsel attorneys are on the call. A consent judgment with a payment plan or a move-out date ends the case faster than waiting for the adjourned trial. If the tenant has applied for rental assistance, an agreed plan can get you paid sooner than a contested stay.
Cash for keys is often cheaper than a court officer eviction. A written agreement with a move-out date and payment at key handover avoids the officer’s fee and the escrow fight.
Selling a Detroit apartment building with tenants in place
You can sell with a 36th District Court case open. The buyer becomes landlord under the existing leases, so disclose the case, any consent judgment, escrow status and the certificate of compliance history. A buyer will ask for the rental registration, inspection reports, the rent ledger and tenant estoppel certificates.
Skyline Capital Investments buys apartment buildings with five or more units in Detroit and across Michigan, with tenants in place and in any condition, including buildings without a current certificate of compliance or with cases already on the docket. Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
