Mich. Comp. Laws § § 600.5720
Judgment for possession of premises for alleged termination of tenancy; grounds for not entering; retaliatory termination of tenancy; presumptions; burden.
Operative Text
Sec. 5720. (1) A judgment for possession of the premises for an alleged termination of tenancy shall not be entered against a defendant if 1 or more of the following is established: (a) That the alleged termination was intended primarily as a penalty for the defendant's attempt to secure or enforce rights under the lease or agreement or under the laws of the state, of a governmental subdivision of this state, or of the United States. (b) That the alleged termination was intended primarily as a penalty for the defendant's complaint to a governmental authority with a report of plaintiff's violation of a health or safety code or ordinance. (c) That the alleged termination was intended primarily as retribution for a 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) That the alleged termination was of a tenancy in housing operated by a city, village, township, or other unit of local government and was terminated without cause. (e) That the plaintiff attempted to increase the defendant's obligations under the lease or contract as a penalty for the lawful acts as are described in subdivisions (a) to (c) and that the defendant's failure to perform the additional obligations was the primary reason for the alleged termination of tenancy. (f) That the plaintiff committed a breach of the lease which excuses the payment of rent if possession is claimed for nonpayment of rent. (g) That the rent allegedly due, in an action where possession is claimed for nonpayment of rent, was paid into an escrow account under section 130 of Act No. 167 of the Public Acts of 1917, being section 125.530 of the Michigan Compiled Laws; was paid pursuant to a court order under section 134(5) of Act No. 167 of the Public Acts of 1917, as amended, being section 125.534 of the Michigan Compiled Laws; or was paid to a receiver under section 135 of Act No. 167 of the Public Acts of 1917, being section 125.535 of the Michigan Compiled Laws. (2) If a defendant who alleges a retaliatory termination of the tenancy shows that within 90 days before the commencement of summary proceedings the defendant attempted to secure or enforce rights against the plaintiff or to complain against the plaintiff, as provided in subsection (1)(a), (b), (c), or (e), by means of official action to or through a court or other governmental agency and the official action has not resulted in dismissal or denial of the attempt or complaint, a presumption in favor of the defense of retaliatory termination arises, unless the plaintiff establishes by a preponderance of the evidence that the termination of tenancy was not in retaliation for the acts. If the defendant's alleged attempt to secure or enforce rights or to complain against the plaintiff occurred more than 90 days before the commencement of proceedings or was terminated adversely to the defendant, a presumption adverse to the defense of retaliatory termination arises and the defendant has the burden to establish the defense by a preponderance of the evidence.
Michigan law under MCL § 600.5720 bars a court from entering a judgment of possession against a tenant in certain circumstances, including when the eviction is found to be primarily retaliatory — for example, when it follows a tenant's complaint to a government agency about health or safety violations, an attempt to enforce lease or legal rights, or participation in a tenant organization. The law also blocks possession judgments when the landlord breached the lease, when rent was properly paid into escrow or to a court-authorized receiver, or when public-housing tenancies are terminated without cause. A legal presumption in favor of the tenant's retaliation defense arises when the tenant took official action within 90 days before eviction proceedings began, unless the landlord can show by a preponderance of the evidence that the termination was not retaliatory.
Plain English — not legal advice.
Under MCL § 600.5720, operators who initiate summary proceedings for possession should be prepared to demonstrate that any termination of tenancy was based on legitimate, non-retaliatory grounds unrelated to a tenant's protected activities, such as complaints to government agencies or participation in tenant organizations. Compliant operators generally document the independent business reasons for a termination well before any proceedings begin, and they avoid increasing tenant obligations in response to protected conduct. When a tenant has taken official action within the 90 days preceding proceedings, landlords should understand that a legal presumption may favor the tenant's retaliation defense, placing the burden on the landlord to rebut it by a preponderance of the evidence.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
MCL § 600.5720 provides tenants with a defense against eviction when the termination of tenancy appears to be retaliation for protected activities, such as reporting housing code violations to a government authority, attempting to enforce rights under the lease or applicable law, or participating in a tenant organization. If a tenant took official action — such as filing a complaint with a court or government agency — within 90 days before eviction proceedings were started, the law creates a presumption in the tenant's favor, shifting the burden to the landlord to disprove retaliation. Tenants who believe they are facing a retaliatory eviction may consider raising this provision as a defense in court, contacting a local tenant-rights organization, or reaching out to a legal aid office for general information about how this defense applies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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