Court Voids Leases at Uncertified Michigan Rentals
A unanimous Michigan Court of Appeals panel held that leases for rental properties lacking required certificates are invalid and unenforceable.
Updated on Nov. 5, 2026 in Apartments
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The Michigan Court of Appeals ruled on October 21 in Skidmore v. Hayashi, a case involving an Oakland County rental, that leases at uncertified rental properties are invalid and unenforceable. The unanimous decision by three judges has prompted Detroit landlord attorneys to demand rental certificates before filing nonpayment actions.
Why it matters
Only around 15% of Detroit rentals are certified, according to city data, so the ruling could affect a large share of the state's rental housing. Tenants at uncertified properties may face weaker legal footing when landlords seek to collect unpaid rent.
The ruling comes from a unanimous three-judge Michigan Court of Appeals panel in Skidmore v. Hayashi, decided October 21. City data shows only about 15% of Detroit rentals hold the required certification, leaving most units outside the ruling's protections for landlords.
The players
Michigan Court of Appeals
The state's intermediate appellate court, whose unanimous panel in Skidmore v. Hayashi set the rule that uncertified rental leases are unenforceable.
Detroit Tenants Union
A tenant advocacy group that sued the 36th District Court in July over rental certification enforcement and later appealed the dismissal of that suit.
The details
The appeals court held that a lease is invalid and unenforceable when a property lacks a required rental certificate. Detroit requires rental units to pass an inspection and be registered with the city, and a law firm has told clients it will require a Certificate of Compliance before filing nonpayment actions.
Timeline
July: The Detroit Tenants Union sued the 36th District Court.
August: Detroit announced a plan to bring more properties up to code over the next year.
September: A lower court dismissed the union's lawsuit.
October 21: The Michigan Court of Appeals issued the Skidmore v. Hayashi ruling.
October: The union appealed the lower court dismissal.
Legal Context
The decision enforces Detroit's rental registration and certification requirement by making lease enforceability depend on compliance, a step beyond the inspection rules the city has used alone. The city's August plan to bring more properties up to code over the next year now runs alongside that stronger legal consequence.
Tenants at uncertified Michigan rentals may find that nonpayment cases against them move forward differently than before. Landlords without a Certificate of Compliance may face difficulty filing those cases, which could change how unpaid rent is handled.
The takeaway
Renters in Michigan should check whether their unit holds a valid rental certificate, since that status can determine whether a lease is enforceable. Knowing this before a dispute arises gives tenants a clearer sense of their options.
Further reading
For more on rental rules and tenant rights, see Apartments coverage across Michigan.
Source note: This article includes information reported by Outlier Media.
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