Michigan appeals court ruling voids leases for uncertified rentals
Rule Changes Detroit, MI localA Michigan appeals court says leases are void when a rental lacks a certificate. Detroit's eviction court has not said how it will apply the ruling, and about 15% of city rentals are certified.
Overview
A three-judge Michigan Court of Appeals panel ruled on Oct. 21 that a residential lease is void from the start when the rental lacks a required certificate of compliance. The case, Skidmore v. Hayashi, began in Oakland County over a West Bloomfield condo whose owners never got the township certificate; in Detroit, about 15% of rentals are certified, according to city data cited by Outlier Media.
Detroit's 36th District Court still has not said how it will apply the ruling. On Nov. 10, the Detroit Tenants Union's lawyer, Donovan McCarty, said the decision undercuts the arguments the court used to dismiss the union's lawsuit, which seeks to force judges to check certificates before eviction cases proceed. The union has already appealed that dismissal, and at least one landlord law firm now requires a certificate before filing a nonpayment case.
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
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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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Tenants union lawyer says ruling undercuts district court's defense
Latest LegalDonovan McCarty said the Skidmore decision contradicts arguments the 36th District Court raised when it dismissed the union's lawsuit, and that the union has already filed its appeal.
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Outlier Media reports ruling's potential impact on Detroit evictions
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.
Landlords Shift to Termination-of-Tenancy Evictions
Discussed by: Sean Tidwell and tenant attorneys at United Community Housing Coalition
With nonpayment cases harder to file against uncertified rentals, landlords end tenancies when leases expire and file eviction cases on that basis instead. Tenant lawyers are already advising clients to expect this route, which does not depend on a valid lease.