Renting a home comes with rights and responsibilities that are necessary for ensuring a safe and habitable living environment. However, navigating these correctly -- especially during times of landlord disputes or eviction proceedings -- can be daunting.
Detroit renters who meet any kind of disputes need to know that they can stand up for their rights and access support, particularly through initiatives like the Gilbert Family Foundation’s Detroit Eviction Defense Fund.
Understanding your rights as a renter
Renters have legal rights that protect their living conditions. According to Lakeshore Legal Aid, a landlord is obligated to provide a rental home with functioning heat, hot water, electricity, secure locks, unbroken windows and without pest infestations.
Lakeshore attorneys educate tenants on their rights and work toward an outcome that preserves a tenant’s eligibility for subsidized housing and ability to locate new housing.
“It is the landlord’s duty to keep the property in good repair and in compliance with local health and safety laws,” said Ashley Lowe, CEO of Lakeshore Legal Aid. “If terms are included in a written lease that lasts over a year, it would be allowable to shift the responsibility for repairs to the tenant. However, courts can determine that major repairs are still the landlord’s responsibility, regardless of language in a lease.”
When these standards are not met, renters have options to address the situation, but they should reach out for legal help as soon as possible.
“Each tenant’s situation is unique, and it may be difficult to determine what actions to take without legal perspective,” Lowe said. “Legal Aid will advise the tenants of their rights and options. Tenants who need repairs can also go to MichiganLegalHelp.org for legal information and resources.”
Your options: Withhold rent or repair and deduct
“When repairs are needed the tenant must notify the landlord in writing. After giving notice about the repairs, the tenant must allow the landlord access to inspect and repair the property,” Lowe said. “If a landlord fails to make repairs, the tenant has a few avenues. The tenant can ask local code compliance to inspect the property. This is especially useful because issues at the property will be documented and sent to the landlord.”
If the landlord fails to make repairs once they are given notice, the tenant has two general options: withhold their rent in an escrow account or make repairs and deduct the cost from the monthly rental amount.
“Either of these actions usually prompts a landlord to file a non-payment of rent case” Lowe said. “A tenant who followed these required steps has a defense to the eviction case. After considering evidence, a judge can decide that the tenant does not owe the landlord rent or they can reduce the amount of rent due.”
Should a tenant decide to withhold rent, they should set it aside on time and place it in an escrow account to demonstrate their ability to pay when required. Escrow accounts can be made at a bank or a credit union or may be offered by the city of residence.
Alternatively, if someone decides to repair and deduct, they should hire a reputable contractor or company to make necessary repairs, keep meticulous records of all receipts and documentation of work performed. Then, send the receipts and documentation to the landlord and explain that the repair cost will be deducted from rent.
“Once in court, a tenant can only persuade a judge with what they can prove,” Lowe said. “In a case with poor conditions, the judge will look for written notice of needed repairs to the landlord, city inspection reports and pictures or video of the conditions. A tenant’s own story or testimony can be taken as evidence by the judge, but other documents are needed to strengthen credibility.”
Taking action and seeking assistance
If someone finds themselves in a position where they cannot pay rent, it’s imperative they do not ignore the situation. Communicate with the landlord early and often and propose feasible payment plans. Should the landlord agree on a payment plan, it is important to put it in writing and ensure it is signed by both parties.
“Do what you can to keep eviction judgments off your record, as they can impact credit and rental history. Consider seeking legal advice from organizations supported by the Detroit Eviction Defense Fund that can help protect your rights and prevent eviction,” Lowe said.
The first step in the eviction process is a pre-court notice. If a tenant acts when they receive the notice, a court case can be avoided. Acting quickly means that the tenant will be liable for fewer late fees and costs.
Seek rental assistance through programs like State Emergency Relief (SER), which can also provide temporary relief during challenging times. While an SER application for assistance is pending, the court cannot enter an eviction judgment against the tenant, but the tenant must notify the court that they filed the application. Begin the process here.
Tenants can consider budgeting or other financial consultation. They can find more information by educating themselves in person at a free housing services open house every third Wednesday of the month at the Pontiac Public Library, from 4-6 p.m. (see flyer below).
Detroit Eviction Defense Fund: Empowering renters with legal support
Launched by the Gilbert Family Foundation, the Detroit Eviction Defense Fund is an initiative aimed at providing legal representation to low-income Detroit residents facing eviction. The $12 million investment supports organizations like United Community Housing Coalition (UCHC), Michigan Legal Services and Lakeshore Legal Aid in their efforts to defend renters’ rights.
“The Gilbert Family Foundation provided much-needed resources to build staff and infrastructure necessary to provide right to counsel services,” Lowe said. “Lakeshore uses these funds to provide services to households with minor children that are under 50% of the area median income or income less than $40,000 for a family of four.”
Since May 2022, Lakeshore closed 3,783 cases funded by the Detroit Eviction Defense Fund. There were 13,910 household members in these cases, including 8,710 minor children; 493 of the cases involved subsidized housing. In full representation cases, Lakeshore prevented 1,013 eviction judgments and obtained more time to relocate in 435 cases.
In 2023 alone, the Detroit Eviction Defense Fund assisted more than 7,500 Detroit residents, offering crucial legal aid that has made a significant impact.
Renters have rights that protect their living conditions, and legal avenues exist to hold landlords accountable when these rights are violated. To understand their rights, tenants should take proactive steps and access legal support when needed.
Initiatives like the Detroit Eviction Defense Fund provide crucial support to ensure that renters facing eviction have access to the legal representation they need.
To access self-help resources and information about tenants’ rights, contact MichiganLegalHelp.org.
To get advice through an attorney-staffed hotline, contact the Counsel and Advocacy Law Line (CALL) by calling 888-783-8190 or visit Counsel & Advocacy Law Line | Michigan Legal Help.