Tenant Tool Kit: Winter Season

1. Unresolved Housing Issues
   (maintenance, hazards, property issues, etc)
   Action Step: Submit complaint Via emails or texts. Include issue, needs, date of expected resolution, and tenant intentions if applicable (ex: Escrow in a savings account.) Complaint escalation to Detroit Rental Inspector 313-224-2733. NOTE: If you file a complaint against your landlord, it is illegal for the landlord to retaliate against you through such actions as raising your rent or having you evicted.
2. Locked Out Illegally
   (Landlord changed locks without court officer &/or sheriff)
   Action Step: Call the police department for assistance.
3. Eviction Defense Assistance
   (in person walk-ins are options)
   Michigan Legal Help (Online application) https://michiganlegalhelp.org/guide-to-legal-help
   Detroit Housing Resource Line 866-313-2520
   (need legal representation. Unhappy with representation. relocation assistance)
   Legal Aid and Defender Association (Detroit office walk-in Monday only 9-11am) 613 Abbott St #6, Detroit, MI 48226
   Detroit Legal Aid services (Lakeshore Legal) 5425 Woodward Ave., Detroit, Michigan, 48202

Eviction Process Outlined

Landlord must follow eviction process starting with proper notice in order to evict tenant. Which means...

1. “notice to quit” or “demand for possession” will be sent from the landlord.
2. All other documents such as hearings/proceedings, dates & deadlines, and judgements/outcomes will come from the court.
3. You can NOT be evicted without a legal court proceeding. If a landlord tries to evict you without a court process, that is called a “self-help eviction” and is ILLEGAL in the state of Michigan.

NOTE: After a court issues an Order of Eviction, it is very hard for a tenant to avoid eviction. It is important to get legal help before this point. There are only a few reasons a tenant can defeat an eviction order – there must be a clear error in some part of the process, such as your landlord having accepted payment or not completing repairs by the date ordered.

DPP’s Organizing Support

Learn- Attend or Host a Tenants' Rights workshop

Advocate- Organize Tenant Committee

Volunteer- Housing Justice Team  - https://www.detroitpeoplesplatform.org/issues/housing-justice/

Action Steps Below

1. If tenant receives an eviction notice from the landowner. Note: a Notice to Quit or Demand for Possession alone from the landlord are not legal eviction orders. It is a first step by law to make known their intentions.• Expiration date on notice is for landowner not tenant. Date indicates when landowner can formally file eviction request with the court.
   Action Step: Tenant may reach out to legal representation. Also, Tenants can still negotiate arrangements during this time (ex: set up pay arrangements).
2. Landlord can begin eviction process ("Complaint for Possession” or “Nonpayment of Rent"). tenant will get a summons from the court and a hearing date if applicable. If tenants don’t attend a total of 2 hearings, they can be evicted by default. Attend all hearings unless you need to arrange accommodations in advance. Pay attention to dates.
3. The first hearing will be online. During this hearing, the tenant could be paired with an attorney if they qualify based on income.
   Detroit has a Right to Counsel ordinance, which means that income qualifying households have a right to FREE legal aid in evictions cases.
   All hearings after the first will be in person at the courthouse. If landlord failed to do what judge instructed by the timeline, they have failed to follow the judgment and the tenant has options.
   Action Step: tenant must appear at eviction hearing.
4. Judgements: consent agreement (those are judgement conditions that must be met by both landowner and tenants (example: owner fix something. Tenant pay something).
   • If landlord failed to do what judge instructed by the timeline
   Action Step: Tenant can request, file, & submit motion set aside judgement (says judgement isn't valid because both parties didn't do what was said). Consult legal direction.
5. Judgements: in favor of landlord (example knows as “by default”, “by hearing”) Action step: If you feel that there is a good reason why you should not be evicted from the property, you must request a Stay (delay) of the Writ at the Civil counter on the 2nd floor. NOTE: Any request normally requires a deposit of 1 month's rent.

Resources

Legal Self Help Center - 36th District Court 421 Madison Street, Detroit, MI. Second Floor, Room 2EMonday - Friday 8:00am - 4:30pm.  zoom hours available. Trained staff that help with website to find information,forms, instructions, and find community resources that may help with your legal problem.