Detroit will require certificate of occupancy to eviction legal?

14 Replies

36th district court in Detroit said later this year it will not accept eviction filings without a certificate of occupancy.

Im wondering if that's legal to force you to allow people to continue to live in your property? 


Probably a way to find out about illegal units. I bet "Why should the LL profit from an illegal situation" is probably the thinking.

Of course, by that line of reasoning, it would seem that the LL could use self help to evict the tenant, since the tenant has no right to be there either.

It will be interesting to see how the consequences play out.


@Cynthia Miller: you'll want to thoroughly check out this link about the Certificate of Compliance requirements:

https://detroitmi.gov/departments/buildings-safety-engineering-and-environmental-department/bseed-divisions/property-maintenance/rental-property-information#:~:text=All%20rental%20property%20owners%20must,a%20safe%20and%20habitable%20condition.&text=Tenants%20can%20arrange%20for%20an,(313)%20224%2D2733.

As part of this requirement, 36th can require tenants to escrow their rent with court for up to 90 days or until owner obtains Certificate of Compliance. After 90 days, court can release escrow to tenant and landlord has to start all over again.

We haven't seen it enforced all that much yet and when it has been, the tenants didn't escrow their rent, so court issued a judgment for landlord.

Cleveland and suburbs have been doing this for a while.

If you didn't register it as a rental timely, you will need to do so and pay any late fees before filing.

Self help eviction will still get you fined - first for the self help eviction, then for not filing rental registration!

Just follow the rules.

Follow the law and get a certificate of occupancy.  Why should you be able you avail yourself of the legal remedies of removing a tenant if you do not follow the law in providing the legal requirements of providing a rental. 

I just realized I made a mistake. It's not a certificate of occupancy, it's a certificate of compliance.

Drew, I heard that this year 36.district court will not longer even accept the eviction filing that's a new thing they're trying to implement.

I still have a hard time with the courts forcing a property owner to allow tenants to remain. I wonder if this is legal.  If the property is doesn't have a certificate of compliance and not allowed to be rented, then the tenants should not be allowed to stay.

This is just opening up another door for all the professional tenants in Detroit who try to get free rent.



@Cynthia Miller the eviction courts aren't even open right now, so not sure who is feeding you this info.

Also, we've been doing evictions before the shutdown and are getting ready to start them again when courts reopen, and have not heard what you are stating.

Originally posted by @Cynthia Miller :

I just realized I made a mistake. It's not a certificate of occupancy, it's a certificate of compliance.

Drew, I heard that this year 36.district court will not longer even accept the eviction filing that's a new thing they're trying to implement.

I still have a hard time with the courts forcing a property owner to allow tenants to remain. I wonder if this is legal.  If the property is doesn't have a certificate of compliance and not allowed to be rented, then the tenants should not be allowed to stay.

This is just opening up another door for all the professional tenants in Detroit who try to get free rent.

Or its closing the door on all the slumlords who dont maintain their properties to habitable conditions.

 

Drew, heard it from the eviction attorney. Its apparently in one of the new amendments to phasing back into opening up court that was just decided in the last week. 

From what I understand they aren't implementing it as of yet but it's a plan for later this year. 

Anna and Russel do you own rentals in Detroit proper?

Have you ever been to Detroit, not midtown or the few good pockets?

Buy a rental here and after about a year I'll wait and see what you post.



Originally posted by @Cynthia Miller :

Anna and Russel do you own rentals in Detroit proper?

Have you ever been to Detroit, not midtown or the few good pockets?

Buy a rental here and after about a year I'll wait and see what you post.

You think are responses are going to be anything other than follow the law?  My response for anyone in any city in America is follow the law, get any licenses or certificates of occupancy or any other item the government requires. In fact it makes absolutely zero sense for anyone to argue other wise. 

 

Originally posted by @Cynthia Miller :

Anna and Russel do you own rentals in Detroit proper?

Have you ever been to Detroit, not midtown or the few good pockets?

Buy a rental here and after about a year I'll wait and see what you post.

I don't, but it sounds like you shouldn't either. Did someone force you to invest there? Because it really sounds like it's not working out great for you if you're constantly trying to break the law...

 

@Cynthia Miller I can feel your pain, I've done a lot in Detroit from businesses to rentals, and they do make it very tough to go by the book even if you're trying to do the "right thing" and be compliant. Putting contradicting, ridiculous code requirements on properties that have been grandfathered in for decades to just get your certificates approved, or significant delays in the system. The process with paperwork is also terrible, inspector follow up, etc. This means thousands and thousands in useless, unnecessary capital expenses or repairs, and lots of wasted hours. Meanwhile you've got slumlords adjacent who continue to operate status quo without any upkeep or following the local regulations, and numerous other things that are illegal that you've probably seen as a local landlord. Tenants have told me some pretty terrible stories of other landlords and how they typically run their business. Business permits are also a major headache. 

At the same time, having either of the certificates is nothing new, but I do not know if that will impede you from getting an eviction. We've always done things by the book and have not had any issues with evictions in any of the counties I've owned properties in.