Michigan appeals court ruling voids leases for uncertified rentals
Rule Changes Detroit, MI localDetroit landlords could lose ability to evict tenants for unpaid rent if properties lack certificates, as only 15% of rentals are certified.
Overview
On October 21, a three-judge panel of the Michigan Court of Appeals ruled that a lease is invalid if the rental property lacks a required certificate of compliance. The decision, in Skidmore v. Hayashi, could bar landlords from evicting tenants for unpaid rent in uncertified units. In Detroit, only about 15% of rentals are certified, according to city data.
The ruling has not yet been applied in Detroit's 36th District Court, which handles evictions. Some landlord attorneys are already advising clients not to file nonpayment cases without a certificate. Tenant advocates say the decision could force landlords to fix unsafe conditions or stop evicting. Landlords warn of financial strain and a rush to certify properties.
Why it matters
If the ruling stands, thousands of Detroit tenants in uncertified rentals could avoid eviction for unpaid rent, pressuring landlords to comply with city inspection rules.
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Key Indicators
Related Media
Learn About the Court of Appeals
Before the virus: A day in the life of Detroit's bustling eviction court
Detroit tenants question eviction enforcement
CBS Detroit
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People Involved
Organizations Involved
Detroit nonprofit that provides legal representation and housing assistance to low-income tenants.
Grassroots group organizing Detroit renters for housing justice.
Detroit's district court, which handles landlord-tenant cases for the city.
Metro Detroit law firm representing landlords in eviction cases.
Intermediate appellate court for Michigan.
Timeline
July 2026 November 2026
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Outlier Media reports ruling's potential impact on Detroit evictions
Today ReportThe article details how the appeals court decision could reshape landlord-tenant cases in the 36th District Court.
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Michigan Court of Appeals rules leases invalid without rental certificate
LegalA three-judge panel unanimously decides Skidmore v. Hayashi, making leases unenforceable for uncertified properties.
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Detroit Tenants Union appeals dismissal of its lawsuit
LegalThe union asks a higher court to require judges to check rental certificates.
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Lower court dismisses tenants union lawsuit
LegalThe 36th District Court case is dismissed; the union later appeals.
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Detroit announces plan to bring more rentals up to code
PolicyThe city unveils a one-year effort to increase rental certifications.
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Detroit Tenants Union sues 36th District Court over eviction practices
LegalThe union argues judges should dismiss eviction cases involving uncertified properties.
Scenarios
36th District Court Dismisses Nonpayment Evictions for Uncertified Rentals
Discussed by: Landlord attorneys, tenant advocates
The 36th District Court issues a policy requiring judges to verify rental certificates before hearing nonpayment evictions. Landlords without certificates see cases dismissed, forcing them to either certify or use termination-of-tenancy filings.
Landlords Rush to Certify Properties, Blunting Ruling's Impact
Discussed by: City officials, housing advocates
Stung by the ruling, Detroit landlords accelerate efforts to obtain certificates of compliance. The city's certification rate rises sharply, reducing the number of uncertified rentals and limiting the ruling's effect on evictions.
Michigan Supreme Court Overturns Appeals Court Ruling
Discussed by: Landlord attorneys, legal analysts
Landlords or their trade groups appeal the Skidmore decision to the Michigan Supreme Court. The high court agrees to hear the case and reverses, holding that lack of a certificate does not invalidate a lease.