9 Legal Mistakes Detroit Landlords Make (From Real Eviction Attorneys)

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If you own rental property in Detroit, his is information you need to know.

At a recent REIA of Oakland meeting, we had eviction attorneys Hanna & Jarbo speak, and they shared some incredibly practical, real-world insights about what actually happens in Detroit courts. These weren’t textbook answers—this was what judges are really doing and what landlords are getting wrong.

I can’t give legal advice, so always confirm with your attorney—but here are my biggest takeaways.

1. Emailing Eviction Notices Isn’t Enough

Technically, you can email eviction notices if your lease allows electronic communication.

But in Detroit? That doesn’t always fly.

Judges may ignore that technicality
They are very tenant-friendly
They look for reasons to side with the tenant

My takeaway:
Always follow up with a mailed notice. It’s cheap insurance.

2. Security Deposits MUST Be Handled Properly

Security deposits are not your money—they must be held separately, unless stated otherwise in your lease.

Here’s the problem:

  • Legal aid attorneys are now very involved in eviction cases

  • They actively look for landlord mistakes

  • This is one of the first things they check

  • If your deposit isn’t handled correctly, it can hurt your case.

3. Screening Tenants Matters More Than Ever

Eviction attorneys said something important:

“After medical debt, eviction debt is one of the hardest to collect.”

That means:

  • You may never recover unpaid rent

  • You must be proactive upfront

Don’t assume someone will pay because they seem nice.
Run thorough background checks—every time.

4. Too Many Tenant Fees Can Backfire

Charging tenants fees for things like repeated eviction notices might sound fair…

But in court?

Judges may see you as unreasonable
It can hurt your credibility
It can push the judge further toward the tenant

Also, if you use a property manager, review their lease:

  • Some add excessive fees

  • Those fees can negatively impact eviction outcomes

5. Don’t Combine Eviction + Money Judgment

It’s tempting to try to:
Evict the tenant
AND collect money at the same time

But in Detroit, that can actually slow things down.

Why?

  • It can create additional hearings

  • It may prolong the eviction

  • You don’t yet know the full damage cost

Better strategy:

  1. Get the tenant out

  2. Assess damages

  3. Then pursue collection if it’s worth it

6. Expect TWO Court Hearings (Yes, Really)

In Detroit, eviction cases often involve:
A first hearing
Then a second follow-up hearing

It feels inefficient—but it’s reality.

Some attorneys charge per appearance, so this can get expensive fast.

Hanna & Jarbo offer one flat fee that is reasonable plus court costs. Tell them you learned about them from me and they might give you the REIA of Oakland discount. They will mail your seven-day notices for free too! Check out their website www.GetMyMoney.com. Very easy!

Hanna & Jarbo (248) 209-6486

7. Be Careful with Holdover Clauses

Example:

  • Rent = $1,000

  • Holdover clause = $1,500

If you don’t enforce that increase consistently…

You may not be able to collect it later in court

Lesson:
If it’s in your lease—enforce it. Or when you do evict, do not expect to collect it.

8. Month-to-Month Leases Are Better in Detroit

This one surprises a lot of investors.

But in Detroit:
Month-to-month leases give you more flexibility
They make eviction easier when needed

Even with Section 8:

  • After the first year, leases typically convert to month-to-month, if your lease is worded correctly.

Bottom line:
Don’t try to reinvent the wheel here—Detroit has its own rules. Even Section 8 lets tenants move whenever they want to. Courts will not enforce the lease clause stating the tenant has to pay off the end of the lease. Tenants know this and move when they want to.

9. Be Careful Accepting Rent After a 30-Day Notice to Quit

Once you issue a 30-day notice to terminate:

👉 You CANNOT accept rent

If you do:

  • It can weaken your case

  • It may reset tenancy rights

For Section 8:

This is a critical area to handle correctly. I know Section 8 does not move fast. I wouldn’t rely on them to stop and start payments for court cases. I would use my attorney’s IOLTA escrow account to hold the Section 8 payments until my court case is complete.

Final Thoughts: Don’t Fight the System—Understand It

Detroit is its own animal when it comes to landlord-tenant law.

You can make great money here—but only if you:

  • Understand how the courts operate

  • Avoid common legal mistakes

  • Work within the system, not against it

Need Help Buying or Selling in Detroit?

My husband Pat and I have renovated 300+ Detroit rental properties, and we help investors make smart, informed decisions every step of the way.

If you’re looking to buy, sell, or just want guidance—we’d love to connect.