Uncertified Rental Leases Become Unenforceable

Michigan renters and landlords with uncertified units should confirm rental certificates before relying on a lease.

Updated on Nov. 5, 2026 in Apartments

Photograph of a plain closed brick residential door and porch step on a quiet street with bare autumn trees behind it. — The Michigan Court of Appeals ruled on October 21 that leases for rental properties lacking required rental certificates are invalid and unenforceable. AI Illustration. Upload story photo >

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The Michigan Court of Appeals ruled unanimously on October 21 that a lease is invalid and unenforceable when the rental property lacks a required rental certificate. The decision in Skidmore v. Hayashi, a case involving an Oakland County rental, affects tenants and landlords across Michigan, where many rental units are uncertified.

Why it matters

For Michigan renters, an uncertified unit may mean a lease that a court will not enforce, which changes the leverage both sides hold if rent goes unpaid. Landlords who rent without the required certificate face new legal exposure, and tenants in such units gain a defense they did not previously have.

Only about 15% of Detroit rentals are certified, according to city data, and Detroit requires units to pass inspection and register with the city. The ruling was unanimous by three Michigan Court of Appeals judges.

The players

Michigan Court of Appeals

The state appellate court whose unanimous ruling in Skidmore v. Hayashi made uncertified leases unenforceable.

Detroit Tenants Union

A tenant advocacy group that sued the 36th District Court in July and appealed the September dismissal of that suit.

36th District Court

The Detroit court where nonpayment of rent and termination of tenancy cases are heard, and which is expected to dismiss cases involving uncertified properties.

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 before they can be rented. Attorneys for Detroit landlords have begun asking for a copy of the Certificate of Compliance before filing a nonpayment of rent action. One law firm told clients it will require that document before filing.

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 Detroit Tenants Union lawsuit.
October 21: The Michigan Court of Appeals issued the Skidmore v. Hayashi ruling.
October: The union appealed the lower-court dismissal.

The Home Front

The ruling ties enforcement of Michigan leases to Detroit's rental certification rules, a requirement that only about 15% of city rentals currently meet. Detroit's August plan to bring more properties up to code over the next year now carries added legal weight for both landlords and tenants.

If you rent in Michigan, ask your landlord whether the unit has a current rental certificate, and keep a copy of your lease and any rent payment records. If you own rental property, a licensed attorney can advise you on how the ruling affects your existing leases and on what documentation to gather before filing a nonpayment action.

The takeaway

A lease on an uncertified Michigan rental may not be enforceable, so confirm that a rental certificate is on file before you sign or before you withhold rent. Keep copies of your lease, payment records, and any certificate documents in one place.