Behind the Scenes: 7 New Legal Realities in Detroit Eviction Court

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“Behind the Scenes: 7 New Legal Realities in Detroit Eviction Court” by Monique Burns:

  1. Eviction timelines in Detroit: Attorney Gary Sagatti explained that the eviction process generally includes a 30-day or 7-day notice, followed by two court hearings spaced about two weeks apart, and a final court order (writ) that may take about a week to enforce.

  2. Four types of eviction notices: These include 7-day notices for nonpayment, 30-day notices to terminate tenancy, 24-hour notices for illegal drug activity, and evictions for property damage or health hazards.

  3. Lease clauses for faster evictions: Landlords can include clauses such as “3 late payments within 12 months” or requiring tenant insurance with the landlord listed as an additional insured to justify early lease termination.

  4. Accepting rent after giving notice waives eviction: If a landlord accepts rent after serving a 30-day notice, it generally invalidates the notice and restarts the process.

  5. Default judgments and tenant turnout: Most tenants appear in court for the first hearing, so the optional $15 third mailing service to obtain a default judgment is often unnecessary.

  6. Conditional judgments vs. straight judgments: Conditional dismissals tied to payment plans can lead to complications. A straight judgment may be more efficient and enforceable when tenants default.

  7. Tenant legal representation: All tenants receive free legal representation in eviction court, and these attorneys are generally effective advocates.

  8. Name expungement from court records: Judges may remove a tenant's name from public records only if landlords agree. Monique and Gary suggest landlords should unite in refusing these agreements to maintain transparency.

  9. Detroit blight tickets: Blight tickets replaced criminal misdemeanors for code violations. A future guest speaker will cover how to navigate and negotiate these infractions more effectively.

  10. Ongoing legal support via Zoom: Gary Sagatti hosts a free landlord-tenant Zoom session every Tuesday from 6–8 PM (Meeting ID: 850 012 5562), offering legal advice and peer support.