Eviction Moratorium

WHAT TENANTS NEED TO KNOW ABOUT THE FEDERAL EVICTION MORATORIUM

The Centers for Disease Control and Prevention has ordered a nationwide ban on evictions for nonpayment of rent until March 31st, 2021.

This temporary eviction ban does not reduce or eliminate rent payments (tenants are still expected to make full or partial payments during the ban) and it does not prevent landlords from charging late fees. 

Renters are not automatically protected by the ban and must ‘opt-in’ by filling out paperwork. Not all tenants are protected by the ban and some will remain at risk of eviction. 

IF YOU ARE FACING EVICTION:

Call (866) 313-2520 or visit DetroitEvictionHelp.com to access free legal counsel and to apply for rental assistance.

How to apply for eviction protection (a delay until March 31, 2021) under the federal moratorium:

1. Download and print this declaration form.

2. Read and sign the form and make a copy. 

3. Give one copy to your landlord and keep the other for your records.

Detroit’s 36th district court is still accepting eviction filings from landlords and holding eviction hearings (remotely) during the moratorium. The court may not issue eviction orders for nonpayment cases until after March 31st.  

If you receive an eviction notice from your landlord or a summons from the court between now and March 31st, you should contact free legal counsel (866-313-2520 or DetroitEvictionHelp.com) to apply for rental assistance and apply for protection under the federal ban.

WHAT TENANTS NEED TO KNOW ABOUT THE EVICTION PROCESS:

  • Landlords do not have the legal authority to evict tenants – only courts do. A “7-day notice” (“Demand for Possession”, “Notice to Quit”) is not an eviction order. Changing locks, turning off utilities, or other acts that prevent you from entering or using your rental property are illegal. Only a court officer (bailiff) may remove a tenant and their personal belongings from a rental property. A legal eviction requires a court order issued by a judge.
  • Tenants have the right to a court hearing before being evicted, and the power to challenge eviction. Pay attention to and respond to any notices you receive from the court and attend any hearings that are scheduled. Hearing can take place in person, remotely (online), or by phone. Attending court hearings gives tenants the chance to avoid or delay eviction. Many eviction cases are won by landlords simply because tenants do not attend their court hearing. 
  • You may qualify for free legal aid and/or assistance paying back owed rent. Michigan’s COVID Emergency Rental Assistance (CERA) program can cover up 12 months of past-due rent for tenants who have experienced unemployment, income loss, or other financial hardship due directly or indirectly to the pandemic. You have the right to seek legal counsel, and having a lawyer can increase your chances of preventing eviction.

If your landlord threatens to evict you for falling behind on rent payments:

  1. Call Detroit’s Eviction Hotline (866-313-2520) and attempt to apply for rental assistance.
  2. If you qualify and if your landlord agrees to cooperate, free legal representatives will assist you and your landlord with reaching an agreement about the amount of past-due rent you will need to pay, and your landlord will receive financial assistance to cover their losses. This will prevent your eviction
  3. Continue to pay your rent, if you are able. You will not need to apply for protection under the federal moratorium.
  4. If your landlord refuses to cooperate with your attempt to apply for rental assistance, applying for protection under the federal moratorium will delay your eviction until March 31st 2021.