M Civ JI 100.01 Rent Action: Explanation of Statutes; Defense of Failure to Keep Premises Fit for Use Intended / Failure to Repair / Noncompliance with Health or Safety Laws / Retaliatory Rent Increase

This is an action by the landlord [ name of landlord ] to recover possession of the premises located at [ address of premises ] for nonpayment of rent.

The law of our state provides that if a tenant fails or refuses to pay rent when due, the landlord or someone acting for the landlord may give the tenant seven days’ written notice to either pay the rent due or leave the premises. If the tenant does not pay the rent or move within the seven-day period, then the landlord may recover possession of the [ house / apartment / [ other ] ] in court proceedings.

*(The law of our state also provides that the landlord has the duty [ to keep the [ house / apartment / [ other ] ] fit for the use intended / to keep the [ house / apartment / [ other ] ] in reasonable repair / to comply with applicable health and safety laws of this state and of [ name of city, township or county ] ] during the term of the lease.)

*(The landlord has these duties even if the tenant inspected or could have inspected the [ house / apartment / [ other ] ] before moving in.)

*([ This duty / These duties ] of the landlord may be modified by agreement between the landlord and the tenant whenever the term of the lease is for at least one year.)

*(Unless the [ landlord / landlord’s agent ] knew or should have known of the [ need for repairs / condition complained of ], or the landlord’s actions excuse notice, then notice of the [ need for repairs / condition complained of ] is necessary to hold the landlord responsible for [ not making repairs / not correcting the condition ]. Notice is not necessary, however, regarding [ repairs needed / conditions complained of ] in common areas.)

*(The landlord is not responsible for the condition complained of by the tenant if the condition was caused by the tenant’s own willful or irresponsible conduct or lack of conduct.)

*(The law provides that if the landlord breaches [ his / her ] [ duty / duties ] to keep the premises in the condition required by law, the tenant need not pay any of the rent which is excused by the landlord’s breach.)

*†(The law of our state also provides that the landlord may not raise the rent to punish the tenant for [ describe lawful acts of tenant ].)

Note on Use

*These paragraphs in parentheses should be used only if applicable.

†See MCL 600.5720(1)(e) on retaliatory rent increase for lawful acts of the tenant as a defense to a rent action.

Comment

The landlord may recover possession by summary proceedings if the tenant does not pay the rent or move after the seven days’ written notice. MCL 600.5714.

The landlord’s duty to keep the premises in reasonable repair, fit for the use intended, and to abide by health and safety laws, is found in MCL 554.139. See also Bayview Estates, Inc v Bayview Estates Mobile Homeowners Association, 508 F2d 405 (CA 6, 1974). The amount of rent which is found to be excused by the landlord’s breach should be deducted from the rent due. MCL 600.5741.

On the requirement of notice to the landlord, and exceptions, see 49 Am Jur 2d, Landlord and Tenant, §§ 778, 838, pp 719, 805.

History

M Civ JI 100.01 was added April 1, 1981.

The landlord has the burden of proving:

(a) *(that [ he / she ] is the landlord and that [ name ] is [ his / her ] tenant);

(b) that the rental rate is $________.____ per [ month / week / [ other ] ] for the [ period / periods ] of time for which the landlord claims rent, and the total amount due is $________.____; and

(c) †(that the landlord served the tenant with a written seven-day notice to quit).

*(The tenant, [ name of tenant ], has the burden of proving:

(a) that **(the landlord knew or should have known of the [ need for repairs / condition complained of ] or the landlord’s actions excused notice); and

(b) that the landlord failed [ to keep the [ house / apartment / [ other ] ] fit for the use intended / to keep the [ house / apartment / [ other ] ] in reasonable repair / to comply with applicable health and safety laws of this state and of [ name of city, township or county ] ] during the term of the lease.

‡(The tenant has the burden of proof on [ his / her ] claim that the rent claimed by the landlord is an increase in rent to punish [ him / her ] for [ describe lawful acts of tenant ].)

*(The tenant has the burden of proof on [ his / her ] claim that [ he / she ] paid the rent during the [ period / periods ] for which the landlord claims rent.)

If you find that the landlord met [ his / her ] burden of proof, and you find that the tenant has not met [ his / her ] burden of proof on any of [ his / her ] defenses, your verdict should be for the landlord in the full amount claimed.

If you find that the landlord has not met [ his / her ] burden of proof, your verdict should be for the tenant.

If you find that the landlord has met [ his / her ] burden of proof, and you find that the tenant has met [ his / her ] burden of proof, then you should deduct [ any of the rent that you find to be excused by the landlord’s failure to [ make repairs / correct conditions ] / any rent which has been paid / any amount which you find is a retaliatory increase in the rent ].

Note on Use

*These paragraphs in parentheses should be used only if applicable.

†If there are factual issues related to proper service or notice, subsection c must be augmented.

**If the need for repair or condition complained of is in a common area, subsection a should be deleted. See 49 Am Jur 2d, Landlord and Tenant, §§ 778, 838, pp 719, 805.

‡See MCL 600.5720(1)(e) on retaliatory rent increase for lawful acts of the tenant as a defense to a rent action.

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

Comment

The elements of proper notice are found in MCL 600.5716, and the requirements of service are found in MCL 600.5718. A just cause hearing and additional notice requirements apply if public or other assisted housing is involved. MCL 600.5714.

History

M Civ JI 100.02 was added April 1, 1981. Amended January 2020.