Detroit Eviction Court Steps 2026–27: 36th District Court, Right to Counsel and the 10-Day Window
Detroit tenants have two advantages many renters don't. Under Detroit's Right to Counsel law, most low-income tenants can get a free lawyer at the 36th District Court. And Michigan law usually gives you 10 days after a judgment before an eviction order can be signed, which is often enough time to pay, appeal or move on your own terms.
Neither helps if you don't show up. In the 36th District Court, a tenant who misses the hearing gets a default judgment for the landlord. This guide walks through the case from the first notice to the court officer, using the court's own instructions and Michigan court forms.
Last checked October 2026. This is general information, not legal advice. If you have a court date, go to it, and ask for a Right to Counsel lawyer when you get there.
Step 1: The Notice
Before a landlord can file, the 36th District Court says the tenant must be served with a notice, usually one of these:
Demand for Possession for Nonpayment of Rent (form DC 100a): for unpaid rent. The state form says that if you owe the rent, within 7 days from the date the notice was served you must either pay the rent owed or move out.
Notice to Quit to Recover Possession (form DC 100c): for other reasons, such as ending a month-to-month tenancy, with a 7- or 30-day period depending on the reason.
Other notices exist for property damage or health hazards.
What to do in those 7 days:
If you can pay the full rent stated, pay it in a way you can prove (money order, cashier's check, or a payment that gives a receipt). Paying within the notice period means the landlord shouldn't file for that rent.
If you can't pay, call the Detroit Housing Resource Helpline at (866) 313-2520, which the city lists for renters, and start a rent help application.
If you disagree with the amount or there are serious repair problems, write it down and keep photos. Repair complaints can go to BSEED at (313) 628-2451.
Step 2: The Summons and Complaint
If the notice period passes, the landlord files a complaint in the Landlord-Tenant Division of the 36th District Court. The court sets a hearing date. The landlord is responsible for serving you with the summons and complaint.
The complaint says why you're being evicted and how much rent the landlord claims you owe.
The summons gives the case number, the date and time of your hearing, and your rights and responsibilities.
One Detroit-specific point: the court says a landlord filing an eviction will be asked for a City of Detroit Certificate of Compliance under Detroit City Code § 8-15-82, and that not providing it could hurt the landlord's case. If you want to rely on the tenant defenses in that ordinance, the court says you may be asked whether you've paid rent into an escrow account. This is technical; talk to your Right to Counsel lawyer about it before the hearing.
Step 3: Right to Counsel (Free Lawyer)
Detroit's Right to Counsel ordinance was approved in May 2022. The city's Office of Eviction Defense says free legal help is available for tenant households facing eviction in the 36th District Court with gross income up to twice the federal poverty level (200%). Eligibility is based on income, and immigration status or national origin doesn't matter.
How to get a lawyer:
Go to your hearing. Tell the judge you'd like to speak with a free lawyer.
In-person hearings: go to Room 417 of the courthouse, where lawyers check eligibility and talk with you about your case.
Virtual hearings: you'll be able to join a breakout room to meet with a lawyer.
Before your hearing: you can screen at detroitrtc.org. The Law Department's number is (313) 224-4550, weekdays 8:30 a.m. to 5 p.m.
Step 4: The Hearing
Both the landlord and the tenant must appear in the assigned courtroom at the time on the summons.
What happens if someone doesn't show:
Landlord doesn't appear: the case is dismissed.
Tenant doesn't appear: a default judgment is entered for the landlord.
Neither appears: the case is dismissed.
At the hearing:
Either side can have a lawyer and may request a jury trial in writing. There's a $50 jury fee on top of the filing fee.
Bring your own evidence and witnesses. The court says that's each party's responsibility. Bring your lease, the notice, rent receipts, bank records, photos and repair requests.
The judge hears both sides and, if possible, tries to get you to agree. That agreement is a Consent Judgment signed by you, the landlord and the judge. Read it carefully before you sign. It usually sets payment dates or a move-out date, and missing one lets the landlord ask for an eviction order.
If you don't agree, the judge (or jury) decides and enters a judgment for the landlord or for you.
Step 5: After the Judgment: The 10-Day Window
Michigan Legal Help explains what a judgment usually means and what you can still do:
The judgment will say whether you have to move or can stay, and if you owe money, how much. It may say you can stay only if you do something specific by a date, such as paying the landlord.
Usually you get 10 days before you have to move, and you can ask for more time.
In most cases the judge must wait 10 days after a judgment against you before signing an Order of Eviction. (Michigan Legal Help notes a few limited exceptions where the judge may sign an immediate order.)
Appeals: either side has 10 days after the judgment to file an appeal or a motion. If you're thinking of appealing, get a lawyer. Your Right to Counsel lawyer can advise you.
If your case is for unpaid rent, the 10 days are your chance to pay what the judgment says and stay. Ask for a copy of the judgment, check the exact amount and deadline, and get a receipt for any payment.
Step 6: The Order of Eviction
If you don't pay or move by the date in the judgment, the landlord can ask the court for an Order of Eviction.
The landlord files the request at the Civil Division cashier counter on the 2nd floor and pays a fee.
You'll be notified. The court says Landlord-Tenant Division staff will send you a notice with a copy of the order, and the date of a writ hearing if the judge sets one.
To ask for a delay, you must request a Stay of the Writ at the Civil counter on the 2nd floor so you can go before a judge. Do this immediately if you have a good reason, such as you paid or the landlord refused your payment.
Time limits on the landlord: according to Michigan Legal Help, the landlord must ask for the eviction order within 56 days of the judgment, and must have it carried out within 56 days of the date it's issued.
Step 7: The Court Officer
A judge must sign the order, and only a 36th District Court Officer can carry it out and remove your belongings. Your landlord can't do it. Lockouts, utility shutoffs or removing your property without a court officer are not part of the legal process. If it happens, call a lawyer immediately.
Michigan Legal Help warns that once an Order of Eviction is issued, it's very hard to stop. The best time to get help is before the hearing.
A Detroit Eviction Checklist
Notice arrives: pay within 7 days if you can, or call (866) 313-2520 for rent help.
Summons arrives: write the hearing date down. Screen at detroitrtc.org.
Hearing day: show up. Ask for a free lawyer. Go to Room 417 if in person.
Judgment: read it. Note the amount and the deadline. You usually have 10 days.
Order of Eviction notice: request a Stay of the Writ at the 2nd floor Civil counter if you have a reason.
Frequently Asked Questions
How much notice does a Detroit landlord have to give for unpaid rent?
Seven days, on a Demand for Possession for Nonpayment of Rent. You can pay the rent owed or move out within that time.
Can I get a free lawyer for my eviction in Detroit?
If your household's gross income is up to 200% of the federal poverty level and your case is in the 36th District Court, yes. Ask the judge for a Right to Counsel lawyer, or go to Room 417 if your hearing is in person.
What if I miss my court date?
The court will enter a default judgment for the landlord. Call a lawyer right away about your options.
How long do I have after the judgment?
In most cases the judge must wait 10 days before signing an Order of Eviction, and either side has 10 days to appeal.
Can my landlord change the locks after winning?
No. Only a 36th District Court Officer can carry out an Order of Eviction signed by a judge.
Can I request a jury?
Yes. Either side can request a jury trial in writing. The jury fee is $50.
Comments