IF YOU ARE FACING EVICTION:
Call (866) 313-2520 or visit DetroitEvictionHelp.com to access free legal counsel and to apply for rental assistance.
COVID-19 has affected everyone, especially Black, poor and working-class people. It has made an already challenging housing climate worse. No one should be made homeless as a result of the financial hardship caused by this crisis.
WHAT YOU NEED TO KNOW ABOUT THE EVICTION PROCESS:
- Detroit’s eviction moratorium ended on August 15th. If you missed any rent payment(s) since or before March 20th, your landlord may now legally file an eviction case against you. If you already had an eviction judgement against you when the court closed, you could be facing eviction very soon.
- A landlord must never forcibly remove their tenant. 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. This is only possible if the landlord has a court order.
- Tenants have the right to a court hearing before any eviction occurs, and the power to challenge eviction. Courts modified the eviction process in response to the pandemic. Court summons must still be delivered in person or by certified mail; if neither of these are successful, the landlord may post the summons to your door. It is important to pay attention to and respond to any notices you receive from the court and attend any hearings that are scheduled. Court hearings can take place in person, remotely (online), or by phone. When a tenant does not appear at their eviction hearing, a “Default Judgement” to evict you will likely be granted to your landlord by the judge. Attending court hearings gives tenants the chance to avoid or delay eviction.
- You may qualify for free legal aid and/or assistance paying back owed rent. A statewide rental assistance fund called the Eviction Diversion Program (EDP) can cover up to 90% of past-due rent for tenants facing eviction. You can apply for EDP assistance by contacting the Eviction Prevention Hotline. You have the right to seek legal counsel, and having a lawyer can increase your chances of preventing eviction.
Michigan’s Eviction Diversion Program (EDP):
Are you a renter in Detroit, Hamtramck, or Highland Park?
Have you received an eviction notice from your landlord or a summons from the court?
If so, you may be eligible for rental assistance through the statewide Eviction Diversion Program (EDP). The EDP can cover up to 90% of past-due rent. Only past due rent from March 1st, 2020 onward is eligible for assistance.
Call (866) 313-2520 or visit DetroitEvictionHelp.com to access free legal counsel and to apply for the EDP.
IF YOU RECEIVE NOTICE OF EVICTION FROM YOUR LANDLORD:
- Once you receive a written eviction notice from your landlord (e.g., “Demand for Possession” or “Notice to Quit”) you are eligible to apply for rental assistance through Michigan’s Eviction Diversion Program (EDP) (see contact information above).
- An eviction notice is not an eviction order. Do not vacate your rental property.
IF YOU ARE SERVED A SUMMONS BY THE 36TH DISTRICT COURT:
- Your summons from the 36th district court will include the date of your hearing and how it will take place. Read (and follow) the instructions in your summons carefully, including what steps to take if you cannot attend the court hearing remotely. An eviction could occur in as little as 10 days from the date of your court hearing.
- You are eligible to apply for rental assistance through the EDP (see above).
- You have the right to seek legal counsel (a lawyer), and to request a jury trial, both of which may delay your hearing. If you are unable to obtain counsel by your first hearing, ask for a 7-day adjournment (delay) at your first hearing in order to obtain counsel.
- If you are served an order to appear in court remotely (online, rather than in person) for your initial hearing and you do not attend, you will receive a “Default Judgement” and be evicted. The same rule will apply if you do not attend an in-person hearing.
- If you do not have access to safe and private internet access, respond to your summons by requesting that an in-person hearing be scheduled.
- If you are scheduled for an in-person court hearing and are unable to attend due to health concerns, you may request a remote hearing.
Regardless of what happens in court, know that there are people willing to stand with you if you are willing to fight your eviction and keep you and your family safely housed.
Contact Detroit Renter City for support: firstname.lastname@example.org @Detroitrentercity on Facebook and Instagram.
Contact (866) 313-2520 to access free legal counsel and to apply for rental assistance.
Visit DetroitEvictionHelp.com for more information.