M Civ JI 101.02 Termination Action: Retaliatory Termination - Explanation of Statute

By statute, a landlord is not entitled to possession of the premises—

(a) *(if termination of the tenancy was intended primarily as a penalty for the tenant’s attempt to secure or enforce rights under the lease or rental agreement, or under the laws of the State of Michigan or its governmental subdivisions or of the United States)

(b) *(if termination of the tenancy was intended primarily as a penalty for the tenant’s complaint to a governmental authority concerning a violation of any health or safety code or ordinance)

(c) *(if termination of the tenancy was intended primarily as retribution for any lawful act arising out of the tenancy, including membership in a tenant organization and a lawful activity of a tenant organization arising out of the tenancy)

(d) *(if it is a tenancy in housing operated by a city, village, township, or other unit of local government, and was terminated without cause)

(e) *(if termination of the tenancy was intended primarily as a penalty because of the tenant’s failure to perform additional obligations under the lease or contract imposed by the landlord—

(i) as a result of the tenant’s attempt to secure or enforce rights under the lease or rental agreement, under the laws of the State of Michigan or its governmental subdivisions or of the United States

(ii) as a result of the tenant’s complaint to a governmental authority concerning a violation of any health or safety code or ordinance

(iii) as retribution for any lawful act arising out of the tenancy)

Note on Use

*Select the subsections applicable to the facts of case.

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 101.02 was added April 1, 1981.