M Civ JI 101.03 Termination Action: Issues - Notice of Termination / Retaliatory Termination

There is an issue in this case of whether the landlord served the tenant with a written [ one month’s / one week’s / [ other ] ] notice to terminate the tenancy.

There is *(also) an issue in this case of whether the landlord intended primarily to penalize or retaliate against the tenant for exercising [ his / her ] rights as a tenant in one or more of the ways claimed by the tenant as I have explained to you in these instructions.

Note on Use

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

This instruction should precede an applicable burden of proof instruction, M Civ JI 101.04, 101.05 or 101.06.

*Insert if applicable.

Comment

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 101.03 was added April 1, 1981.