Detroit Rent Escrow and Right to Counsel: Michigan Tenant Rights

Short answer: Detroit tenant rights rest on Michigan tenant rights law, which bars cities from controlling rent, but Detroit has built two strong local tools on top of it. Every rental must hold a city Certificate of Compliance, and if yours does not, you can pay rent into a city escrow account instead of to the landlord. Detroit residents with incomes up to 200% of the federal poverty level also have a right to a free lawyer in eviction cases at the 36th District Court.

For years, the City of Detroit itself reported, only about 10% of the city’s rental homes complied with its inspection law, despite roughly 100,000 tickets written in five years. In 2025 the city rewrote the rental ordinance around one faster, cheaper inspection, and it connected that inspection to rent escrow. If you rent in Detroit, the most useful question you can ask is whether your home has a current Certificate of Compliance.

Detroit tenant rights at a glance

Topic	Detroit rule	Source
Rent control	Prohibited; local governments may not control rent on private residential property	MCL 123.411
Just cause	None in state law; tenants can be evicted for no reason as long as it does not violate the law	36th District Court
Rental compliance	Certificate of Compliance required; 15-point inspection; $195 for one unit, $225 for a duplex	City of Detroit
Rent escrow	Tenants in non-compliant rentals may pay rent into a city escrow account	Detroit Rent Escrow Rules (Sept. 2025)
Right to counsel	Free lawyer for Detroit residents at or below 200% of poverty level	City of Detroit
Deposit cap and deadline	1.5 months’ rent; returned or itemized within 30 days after you provide a forwarding address	Michigan Legal Help
Eviction court	36th District Court, Landlord-Tenant Division	36th District Court

No rent control in Michigan

Michigan settled this question at the state level. Under MCL 123.411, a local governmental unit “shall not enact, maintain, or enforce an ordinance or resolution” that would control the rent charged for leasing private residential property. Detroit therefore cannot cap rent increases. Your rent is fixed for the length of a written lease, and a month-to-month tenancy can be ended or renegotiated with proper notice.

What the city can do is make sure the home you pay for is safe, and give you leverage when it is not. That is where the rental ordinance and rent escrow come in. For help judging whether a renewal is affordable, try the rent affordability calculator.

The Certificate of Compliance and the 2025 rental ordinance

Every Detroit rental is supposed to be inspected and certified by the Buildings, Safety Engineering and Environmental Department (BSEED). The city’s August 2025 summary of the new rental ordinance describes the change. The old process meant two separate inspections lasting four to eight hours and over $1,000 in fees. The new one is a single inspection of one to two hours using a standardized 15-point checklist, costing $195 for a one-unit home and $225 for a duplex, plus a processing fee.

The checklist focuses on the most serious safety problems. Among the 15 points:

no major structural defects in walls, floors, stairs, porches or decks, and handrails on stairs with four or more risers;
a roof and exterior that keep out rain and snow;
working gas and electric utilities and an electrical system with no exposed wires;
a heating system that can provide at least 68 degrees;
working smoke and carbon monoxide detectors;
hot and cold running water, with hot water between 110 and 140 degrees.

According to BSEED’s Rental Certificate of Compliance page, an owner attaches a passed inspection less than 12 months old to the city’s online permitting account, and BSEED then issues the certificate. The same page lets tenants file a rental complaint and links to the escrow application.

Paying rent into escrow

Detroit’s rent escrow program is the city’s most powerful tenant tool. The Housing and Revitalization Department’s rent escrow rules, dated September 17, 2025 and issued under sections 8-15-81 and 8-15-86 of the Detroit City Code, set out how it works:

Eligibility: you can apply if the property lacks a required Certificate of Compliance, has documented qualifying code violations, or both.
Rent must be current: you must be up to date on rent when you apply, or become current within three business days, or the application is denied.
Inspection: BSEED inspects to confirm eligibility. If the unit meets the standard and the owner obtains a certificate or pays the fees for one within seven calendar days, the application is denied. If the unit fails or has qualifying violations, it may be placed in the program.
Retaliation: the owner is barred from retaliating against a tenant using the program. A rent increase, lease termination or interference with your occupancy within 90 days of protected action is presumed retaliatory unless the owner proves otherwise.

Escrow does not mean you stop paying. It means the money sits in an account the landlord cannot touch until the home is brought into compliance. Read our explainer on landlord retaliation before you apply, so you know what evidence to keep, and see our Michigan repairs and habitability guide for the state repair rules that apply alongside escrow.

A worked example: Darnell on the east side

Darnell rents a single-family house near Gratiot Avenue for $1,100 a month. All winter the furnace struggles to reach 60 degrees, and the landlord ignores his texts. A neighbor tells him to check the city’s rental records, and he finds no Certificate of Compliance for the address.

Because the house lacks a certificate, Darnell can apply to the rent escrow program. His rent is current, which the rules require. BSEED schedules an inspection, and since the checklist requires heat of at least 68 degrees, the furnace is a likely failure. If the owner does not obtain a certificate within seven days, the house can be placed in escrow, and Darnell’s $1,100 goes into the escrow account.

Two months later the landlord sends a notice raising the rent to $1,300. Because that increase comes within 90 days of Darnell’s escrow application, the city’s rules presume it is retaliatory unless the owner can prove otherwise.

Right to counsel in eviction cases

Detroit has a right-to-counsel ordinance. A February 2024 city presentation on Right to Counsel explains that it gives tenants “the right to have a free lawyer to help them in court.” It covers summary proceedings in the 36th District Court to recover possession of residential property, as well as administrative proceedings threatening a person’s occupancy. Eligibility is set at 200% of the federal poverty level for Detroit residents. The presentation estimated 20,989 landlord-tenant cases filed in 2023.

Where Detroit evictions are heard

Evictions in the city go to the Landlord-Tenant Division of the 36th District Court. The court’s FAQ explains the steps:

Before filing, the landlord must give a Notice to Quit or a Demand for Possession. You then have the time stated on the form to fix the problem, pay what is owed, move or get legal advice.
Both sides have the right to an attorney and to request a jury trial. The judge will often try to reach a consent judgment that both sides sign.
If the tenant does not appear, the court issues a default judgment for the landlord.
If a tenant does not follow the judgment, the landlord can ask for an Order of Eviction. The court mails the tenant a notice, and a tenant with good reason can request a stay of the writ at the civil counter on the second floor.

The court also notes that under the law, tenants can be evicted for nonpayment, damage, lease violations, or for no reason as long as the eviction does not violate the law. See how the eviction process works for an overview, our Michigan eviction process guide for the statewide notices and deadlines, and the court finder for other cities.

Eviction in Detroit: finding your free lawyer on hearing day

The city’s Right to Counsel flyer is blunt about the most important step: go to your hearing. Free Right to Counsel lawyers are at the 36th District Court, and the city tells tenants to ask for one at the start of the eviction hearing and before saying anything about the case. Attorneys in court help decide whether you qualify, and the flyer says eligibility turns on household income up to 200% of the federal poverty level, not on where you come from.

In person: check in at your assigned courtroom first, so the judge doesn’t treat you as absent and enter a default, then ask to go to Room 417 on the 4th floor or Room 5A on the 5th floor to meet a Right to Counsel lawyer.
On Zoom: when the judge calls your case, say you want to speak with a free Right to Counsel lawyer in a virtual breakout room.
Either way: before talking to any lawyer, ask whether that lawyer represents your landlord. The city warns you not to talk with the landlord’s attorney before you’ve spoken with your own.

The flyer also points tenants who want help before court to the Detroit Housing Helpline and to Michigan Legal Help. If you reach a consent judgment, read every payment date in it, because missing one lets the landlord ask for an Order of Eviction.

Who to call in Detroit

Right to Counsel lawyers at court: Room 417 or Room 5A at the 36th District Court, or a Zoom breakout room on request.
BSEED: rental complaints and Certificate of Compliance records.
Housing and Revitalization Department: administers the rent escrow program, directly or through designated vendors.
Right to Counsel: free eviction representation for eligible Detroit residents.
36th District Court, Landlord-Tenant Division: case filings, hearing dates and stay requests.
Michigan Legal Help: free self-help guides and letter tools at michiganlegalhelp.org, plus referrals to a Fair Housing Center for discrimination problems.

Michigan tenant rights baseline

Deposit cap: no more than one-and-one-half times the monthly rent, according to Michigan Legal Help’s deposit overview. A $1,000 rent allows at most $1,500.
Deposit notice: the landlord must give you written deposit information within 14 days after your lease starts or you move in.
Forwarding address: give your new address in writing within four days of moving out. Without it, the landlord need not send a list of damages.
Return: if 30 days pass without your deposit or an itemized list, you can send a demand letter. If the landlord neither returns the deposit nor starts a court case within 45 days, and you met the address and response deadlines, you can sue for double the deposit.
Nonpayment notice: Michigan Legal Help’s nonpayment eviction guide says a written Demand for Possession must state the rent owed and give you seven days to pay or move before a case is filed.

For deductions and small claims, see the Michigan security deposit law guide and our security deposit demand letter.

Frequently Asked Questions

Can Detroit limit my rent increase?

No. MCL 123.411 bars Michigan cities from controlling rent on private residential property. But a rent increase within 90 days of using the city’s rent escrow program is presumed retaliatory under the city’s rules.

How do I know if my Detroit rental has a Certificate of Compliance?

Ask your landlord for it and check with BSEED, which issues certificates after a passed inspection less than 12 months old. If there is no certificate, you may qualify for rent escrow.

Can I stop paying rent if my landlord won’t fix things?

Not on your own. Detroit’s escrow program lets you redirect rent into a city account, but only if the property lacks a certificate or has documented violations, and only if your rent is current or becomes current within three business days of applying.

Who qualifies for a free eviction lawyer in Detroit?

Detroit residents with household income at or below 200% of the federal poverty level, facing an eviction in the 36th District Court or certain other proceedings that threaten their housing.

How much notice do I get before a Detroit eviction for unpaid rent?

A written Demand for Possession giving seven days to pay or move. After that, the landlord can file in the 36th District Court, and you will receive a summons with your hearing date.

What should I do if I miss my court date?

Act fast. The court enters a default judgment for the landlord when a tenant does not appear. This page is general information, not legal advice; contact the Right to Counsel program immediately, and ask the court’s civil counter about requesting a stay.

Nearby and related city guides: Ann Arbor tenant rights. See every city in our tenant rights by city index.