M Civ JI 101.04 Termination Action: Retaliatory Termination - Tenant Burden of Proof

The landlord has the burden of proving that [ he / she ] served the tenant with a written [ one month’s / one week’s / [ other ] ] notice to terminate the tenancy.

The tenant has the burden of proving that the termination of tenancy by the landlord was intended primarily as a penalty or retaliation for exercising [ his / her ] rights as a tenant in one or more of the ways that I previously described.

Your verdict will be for the landlord if [ he / she ] served the tenant with the required [ one month’s / one week’s / [ other ] ] notice, unless the termination of tenancy was intended primarily as a penalty or retaliation.

Your verdict will be for the tenant if the landlord did not serve the tenant with the required [ one month’s / one week’s / [ other ] ] notice, or if the termination of tenancy was intended primarily as a penalty or retaliation.

Note on Use

This instruction should be given if there is no claim by the tenant that he or she attempted to secure or enforce rights or complained within ninety days before the termination action was commenced.

This instruction should also be given if the evidence of such an attempt is insufficient to go to the jury, or, for example, if it is clear that the attempt or complaint was made more than ninety days before the termination action, or resulted in a dismissal or denial.

This instruction should be used with M Civ JI 8.01 Meaning of Burden of Proof.

Comment

Requirements of notice to terminate a tenancy are found in MCL 554.134.

See MCL 600.5720(2) for burden of proof on retaliatory termination. The defense of retaliatory eviction is not applicable where the landlord is seeking repossession of premises upon the expiration of the term of a fixed lease. Frenchtown Villa v Meadors, 117 Mich App 683; 324 NW2d 133 (1982).

History

M Civ JI 101.04 was added April 1, 1981. Amended January 2020.