Can Tenants Withhold Rent for Blight Violations?
Category: Landlord Rights
Common Question: "My tenant isn't paying. Can I evict them if I have tickets?"
This is the "Nuclear Scenario" for Detroit landlords.
The Law: Certificate of Compliance (CoC)
Under the Detroit Property Maintenance Code, every rental property must have a valid Certificate of Compliance.
- To get a CoC, you must pass an inspection AND have zero outstanding blight debts.
The Tenant's Weapon: Escrow
If you do not have a CoC, the tenant is not legally required to pay rent directly to you.
- They can pay rent into a City-managed Escrow Account.
- You cannot access this money until the property is compliant.
- If you try to evict them for non-payment, the court will likely dismiss the eviction because you are not compliant.
The Chain Reaction
- You get a $130 ticket for a trash can (Code 42-2-50).
- You miss the mail. It goes to Default.
- Your CoC is revoked or denied renewal because of the debt.
- Your tenant finds out (the city publishes a list of non-compliant rentals).
- The tenant stops paying rent legally.
- You lose $1,200/month in rental income over a $130 debt.
This is why monitoring is not optional. It protects your revenue stream.