Michigan Tenant's Answer to Summary Proceedings Complaint
DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — SUMMARY PROCEEDINGS (MICHIGAN)
Official Form Reference: SCAO Form DC 111a (Nonpayment), DC 111b (Damage/Health Hazard to Property), or DC 111c (Complaint to Recover Possession of Property), as applicable.
Statutory Authority: MCR 4.201(G)–(O); MCL 600.5701 et seq.
TABLE OF CONTENTS
- Caption
- Answer to Numbered Allegations
- Affirmative Defenses
- Counterclaims
- Jury Demand
- Prayer for Relief
- Verification
- Signature
- Certificate of Service
- Practice Notes
- Sources and References
1. CAPTION
STATE OF MICHIGAN
[___] JUDICIAL DISTRICT
[COUNTY] COUNTY DISTRICT COURT
Case No.: [________________________________]
Hon.: [________________________________]
| Party | Role |
|---|---|
| [PLAINTIFF / LANDLORD FULL LEGAL NAME] | Plaintiff |
| v. | |
| [DEFENDANT / TENANT FULL LEGAL NAME] | Defendant |
ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
2. ANSWER TO NUMBERED ALLEGATIONS
Defendant [TENANT NAME] ("Tenant"), through self / counsel, answers the Complaint of Plaintiff [LANDLORD NAME] ("Landlord") as follows:
| Complaint Paragraph | Tenant's Response |
|---|---|
| 1.1 (Plaintiff's identity) | ☐ Admit ☐ Deny ☐ Lack information |
| 2.1 (Defendant's identity) | ☐ Admit ☐ Deny ☐ Lack information |
| 3.1 (Jurisdiction) | ☐ Admit ☐ Deny ☐ Lack information |
| 4.1 (Premises address) | ☐ Admit ☐ Deny ☐ Lack information |
| 4.2 (Lease terms) | ☐ Admit ☐ Deny ☐ Lack information |
| 4.3 (Rent amount) | ☐ Admit ☐ Deny ☐ Lack information |
| 4.4 (Certificate of Compliance) | ☐ Admit ☐ Deny ☐ Lack information |
| 5.1 (Service of Demand / Notice) | ☐ Admit ☐ Deny ☐ Lack information |
| 5.2 (Method of service) | ☐ Admit ☐ Deny ☐ Lack information |
| 5.3 (Expiration of cure period) | ☐ Admit ☐ Deny ☐ Lack information |
| 6.x (Possession ground) | ☐ Admit ☐ Deny ☐ Lack information |
| 7.x (Money claim) | ☐ Admit ☐ Deny ☐ Lack information |
2.1. To the extent any allegation is not specifically admitted above, it is DENIED.
2.2. Tenant specifically DENIES that Landlord is entitled to possession of the Premises, that the amount claimed is correct, and that any default of Tenant is sufficient to justify eviction or money judgment.
3. AFFIRMATIVE DEFENSES
For affirmative defenses, Tenant alleges:
3.1. Defective Demand for Possession or Notice to Quit
The Demand / Notice attached as Plaintiff's Exhibit A is defective and fails to comply with MCL 600.5716 in one or more of the following respects (check all that apply):
☐ Not in writing.
☐ Not addressed to the person in possession.
☐ Fails to identify the Premises.
☐ Fails to state the reasons for the demand with sufficient particularity.
☐ Fails to state the time for remedial action.
☐ Fails to state the correct amount due (nonpayment cases).
☐ Not dated or not signed by the person entitled to possession or an authorized agent.
☐ Notice period is shorter than required by MCL 600.5714 or MCL 554.134.
3.2. Defective Service of Demand
Service of the Demand did not comply with MCL 600.5718. Specifically: [DESCRIBE — e.g., posting alone is not authorized; mailing not addressed to person in possession; no consent on file for electronic service].
3.3. Breach of Implied Warranty of Habitability — MCL 554.139 / Rome v. Walker
In every residential lease, Landlord covenants under MCL 554.139(1)(a)–(b) that the Premises and common areas are fit for the use intended and will be kept in reasonable repair and in compliance with applicable health and safety laws. Landlord has breached this covenant. Specifically:
3.3.1. [DESCRIBE CONDITIONS — e.g., persistent water leak in ceiling since __/__/____; mold in bathroom; non-functioning heat in winter; rodent or pest infestation; lack of hot water; broken locks; lead paint hazard].
3.3.2. Tenant notified Landlord of the conditions on or about [__/__/____] by [written letter / email / text / verbal request] and Landlord has failed to repair within a reasonable time.
3.3.3. Under Rome v. Walker, 38 Mich. App. 458, 196 N.W.2d 850 (1972), and progeny, the breach of the warranty of habitability gives rise to an offset against rent equal to the difference in fair rental value between the Premises as warranted and as defective.
3.4. Retaliation — MCL 600.5720
Tenant [describe the lawful attempt to enforce rights, report of a health or safety code violation to a governmental authority, or other lawful tenancy-related conduct, with dates and evidence]. Tenant alleges that Landlord sought possession primarily to penalize or retaliate for that conduct, contrary to MCL 600.5720(1). If Tenant formally acted through a court or government agency to enforce rights or complain against Landlord within 90 days before Landlord initiated summary proceedings, and that action was not dismissed or denied, Tenant also invokes the presumption under MCL 600.5720(2). In that event, Landlord must show by a preponderance of the evidence that the termination was not retaliatory.
3.5. Discrimination — Elliott-Larsen and Federal Fair Housing Act
This action is intended primarily as a penalty for Tenant's protected status or activity. Specifically: [DESCRIBE THE CONDUCT, PROTECTED STATUS OR ACTIVITY, AND SUPPORTING FACTS]. For discrimination based on race, national origin, religion, sex, height, weight, familial status, or another class covered by MCL 37.2502, identify the applicable Elliott-Larsen provision. For disability discrimination, identify the applicable provision of MCL 37.1502 or 42 U.S.C. § 3604, including any failure to make a reasonable accommodation. For lawful source-of-income discrimination, assess MCL 37.2502(3)-(4) and any applicable local ordinance.
3.6. Failure to Make Reasonable Accommodation
Tenant requested a reasonable accommodation for a disability under 42 U.S.C. § 3604(f)(3) on [__/__/____] (e.g., [emotional support animal / service animal / unit transfer / payment-plan modification]). Landlord refused without engaging in the interactive process and without showing the accommodation was unreasonable. The eviction is in retaliation for or response to the accommodation request.
3.7. Waiver
Landlord waived the alleged breach by accepting rent on [__/__/____] with knowledge of the alleged default, by failing to enforce the lease term over a period of [___] months, and/or by other conduct inconsistent with termination. Such acceptance and conduct waive Landlord's right to declare a forfeiture.
3.8. Lack of Certificate of Compliance / Rental Registration
If supported by the law governing this property, the Premises are in [CITY] and subject to [IDENTIFY CURRENT ORDINANCE AND SECTION], which requires [SPECIFIC CERTIFICATE OR REGISTRATION REQUIREMENT]. Landlord lacked [SPECIFIC CERTIFICATE OR REGISTRATION] during [DATES], as shown by [CITY RECORD OR OTHER PROOF]. Under [IDENTIFY THE PROVISION OR CONTROLLING DECISION THAT GIVES THIS VIOLATION A DEFENSE OR REMEDY], this affects the nonpayment claim because [FACTS AND LEGAL CONNECTION]. Tenant seeks only the relief that authority permits: [SPECIFY RELIEF].
3.9. Improper Self-Help / Constructive Eviction
Landlord has engaged in conduct constituting self-help or constructive eviction by [changing locks / removing tenant's property / shutting off utilities / removing doors or windows / harassment / repeated unlawful entry] on or about [__/__/____], in violation of MCL 600.2918 and the lease covenant of quiet enjoyment.
3.10. Federally Subsidized Tenancy — Good Cause Required
The Premises are subsidized under [Section 8 voucher / project-based Section 8 / public housing / LIHTC / HOME / OTHER]. Federal regulations require GOOD CAUSE for termination (24 C.F.R. Part 247; 24 C.F.R. § 982.310; 24 C.F.R. § 966.4(l)) and longer notice periods than provided here. Landlord's notice and complaint do not comply.
3.11. CARES Act Notice Defect
The Premises are a "covered dwelling" under 15 U.S.C. § 9058(a)(1) (federally backed mortgage or covered housing program). Landlord failed to provide the federally required 30-day notice to vacate before filing.
3.12. Statute of Limitations / Latches
The condition or breach alleged occurred more than 90 days before institution of summary proceedings (relevant to MCL 600.5714(1)(d)) or is otherwise time-barred.
3.13. Reservation of Additional Defenses
Tenant reserves the right to assert additional defenses as discovery proceeds.
4. COUNTERCLAIMS
For counterclaims, Tenant alleges:
4.1. Counterclaim I — Security Deposit (MCL 554.601 et seq.) [If Applicable]
4.1.1. Tenant paid Landlord a security deposit of $[________] on [__/__/____].
4.1.2. The tenancy terminated on [__/__/____]. Under MCL 554.609, Landlord was required to mail an itemized list of claimed damages within 30 days and return any undisputed balance by a permitted payment method, including a qualifying electronic transfer under subsection (3).
4.1.3. Landlord failed to [mail the itemized list within 30 days / return any portion of the deposit / provide the address required by MCL 554.603 at lease inception].
4.1.4. Landlord did not commence the action required by MCL 554.613(1) within 45 days after termination, return the disputed balance, or establish an applicable subsection (1) exception. Under MCL 554.613(2), Landlord therefore waives damages claimed against the deposit and is liable for double the amount of the security deposit retained, subject to proof of the statutory conditions. Do not add the same retained balance a second time to this statutory amount.
4.2. Counterclaim II — Anti-Lockout (MCL 600.2918) [If Applicable]
4.2.1. On [__/__/____], Landlord ejected Tenant or interfered with Tenant's possessory interest by [changing locks / removing belongings / shutting off utilities / blocking access].
4.2.2. Select the remedy supported by the facts:
☐ Forcible ejectment or being forcibly kept out — MCL 600.2918(1): Tenant seeks possession and the greater of three times actual damages or $200. Describe the force and loss of access: [FACTS].
☐ Other unlawful interference — MCL 600.2918(2): Tenant seeks the greater of actual damages or $200 for each occurrence, and possession if it was lost. Identify each act and date: [FACTS].
Actual damages and supporting records: $[AMOUNT]; [DESCRIPTION AND EXHIBITS]. Do not add actual damages a second time to an award calculated from them.
4.3. Counterclaim III — Repair and Deduct / Habitability Damages [If Applicable]
4.3.1. Tenant gave written notice of habitability defects (Section 3.3 above) on [__/__/____]. Landlord failed to repair within a reasonable time.
4.3.2. Tenant [paid for emergency repairs out of pocket in the amount of $______ / suffered diminished rental value / incurred personal property damage / incurred medical or relocation costs].
4.3.3. Tenant is entitled to recover repair costs, rent abatement, and consequential damages under Rome v. Walker and MCL 554.139.
4.4. Counterclaim IV — Truth in Renting Act Violation [If Applicable]
4.4.1. The lease at paragraph(s) [___] contains a provision that violates the Truth in Renting Act, MCL 554.633, by [waiving habitability remedies / waiving security-deposit protections / requiring tenant to pay landlord's attorney fees not also available to tenant].
4.4.2. Tenant gave Landlord written notice identifying the prohibited provision and defect on [__/__/____], and Landlord did not cure it under MCL 554.635; or the following MCL 554.636(3) exception to prior notice applies: [FACTS AND PROOF]. Tenant requests a determination that the provision is void and the greater of $250 per action or actual damages of $[AMOUNT] under MCL 554.636(1), plus court costs and statutory attorney fees under MCL 554.636(4).
5. JURY DEMAND
☐ Jury demanded. Tenant demands a trial by jury on issues triable by jury under MCR 4.201(G)(4). This written demand must be filed within five days after the court advises Tenant of the rights and information in MCR 4.201(K)(2)(a). Jury fee: ☐ Paid with this demand ☐ Will be paid within five days after that advice ☐ Fee waiver under MCR 2.002 requested or granted.
☐ No jury demanded.
6. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that this Court:
A. Dismiss the Complaint with prejudice and enter judgment of NO CAUSE OF ACTION on the possession claim;
B. Deny Landlord's money claim in whole or in part;
C. Enter judgment for Tenant on the Counterclaims in the amount of $[________], including, where MCL 554.613 applies, double the deposit amount retained; any treble damages for forcible ejectment; statutory damages under the Truth in Renting Act; and rent abatement under the warranty of habitability, without duplicating any recovery;
D. Award Tenant costs, statutory attorney fees, and any other available fees and expenses;
E. Grant such other and further relief as this Court deems just and equitable.
7. VERIFICATION
I, [TENANT'S FULL NAME], declare under the penalties of perjury that the contents of this Answer, Affirmative Defenses, and Counterclaims are true to the best of my information, knowledge, and belief.
X _______________________________________
Printed Name: [________________________________]
Date: [__/__/____]
8. SIGNATURE
Date: [__/__/____]
Respectfully submitted,
X _______________________________________
☐ [ATTORNEY NAME] (Michigan Bar No. [________]), Attorney for Defendant
☐ [TENANT NAME], Defendant pro se
[FIRM NAME / TENANT NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Telephone: [(___) ___-____]
Email: [________________________________]
9. CERTIFICATE OF SERVICE
I certify that on [__/__/____] I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaims on Plaintiff's counsel of record (or Plaintiff if pro se) by:
☐ Personal delivery
☐ First-class mail, postage prepaid, addressed to [ADDRESS]
☐ Email (with consent) to [EMAIL]
☐ E-filing through MiFILE
Signature: X _______________________________________
Printed Name: [________________________________]
10. PRACTICE NOTES
10.1. Filing Deadline
MCR 4.201(G)(1) requires the tenant to appear and answer by the date on the Summons. A written Answer filed and served before the hearing is the safest course. Tenants may also appear at the hearing and orally answer each allegation on the record, but a written Answer better preserves defenses.
10.2. Defenses and Counterclaims
MCR 4.201(H) permits money and equitable counterclaims. A money counterclaim must be labeled and separately stated in a written answer. The court may separately try or adjourn a money counterclaim in the circumstances stated in subrule (H), but a counterclaim affecting the amount needed to prevent eviction generally must be tried with the possession claim unless it appears meritless.
10.3. Apply for Rental Assistance
At the initial trial date, the court must advise the parties of the right to an attorney and, in residential nonpayment cases, specified rental-assistance information. A tenant seeking the stay provided by MCR 4.201(I)(3) must submit written proof of a qualifying application within five days after receiving the advice. The initial stay is 14 days and may continue while the application remains pending or approved, but the total stay under that subrule may not exceed 28 days.
10.4. Detroit — Right to Counsel
If the Premises are in Detroit and Tenant's household income is at or below 200% of the federal poverty level, Tenant is entitled to free legal representation under the Detroit Right to Counsel Ordinance (eff. Oct. 1, 2022). Contact the Detroit Office of Eviction Defense at 313-244-0274 or detroitmi.gov/departments/law-department/office-eviction-defense-right-counsel.
10.5. Settlement and Consent Judgments
A consent judgment that includes a payment plan and conditional dismissal is common. Read carefully — many consent judgments waive defenses and allow immediate writ of restitution upon any default. Have an attorney review before signing.
10.6. Habitability Documentation
Habitability defenses are most credible when supported by:
- Written notice of defects to Landlord (with proof of delivery);
- Photographs and videos with timestamps;
- Code-enforcement inspection reports;
- Witness statements;
- Repair receipts (for repair-and-deduct).
Bring originals AND copies to the first hearing.
10.7. Security Deposit Counterclaim — Strict Deadlines for Tenant
A tenant who receives an itemized damages notice under MCL 554.609 should respond by mail within seven days of receipt, detailing any agreement or disagreement with the charges. MCL 554.609(4), 554.612. Failure to respond can forfeit the amount of allowable claimed damages, but does not forfeit a claim for money wrongfully retained. MCL 554.611 separately governs the tenant's forwarding-address notice within four days after termination.
10.8. Appeal
An appeal of right from a possessory judgment must be filed within 10 days after entry of judgment under MCR 4.201(O)(2). Filing the claim of appeal together with the bond or escrow order required by subrule (O) stays the proceedings, including an issued but unexecuted order of eviction; otherwise, an order of eviction may issue unless the trial court orders a stay.
11. SOURCES AND REFERENCES
- Michigan Court Rules, MCR 4.201 — https://courts.michigan.gov/siteassets/rules-instructions-administrative-orders/michigan-court-rules/michigan-court-rules.pdf
- Michigan Legislature, MCL 600.5701 et seq. — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-236-1961-57
- Michigan Legislature, MCL 600.5720 (retaliation) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5720
- Michigan Legislature, MCL 600.5739 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5739
- Michigan Legislature, MCL 554.139 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-139
- Michigan Legislature, MCL 554.609 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-609
- Michigan Legislature, MCL 554.613 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-613
- Michigan Judicial Institute landlord-tenant benchbook, MCL 600.2918 remedies — https://www.courts.michigan.gov/4a4eb6/siteassets/publications/benchbooks/lltbb/lltbbresponsivehtml5.zip/LLTBB/Ch_1_Overview/Landlords_Interference_With_Peaceful_Possession-z703a.htm
- Michigan Legislature, MCL 37.2502 (Elliott-Larsen) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2502
- Michigan Judicial Institute landlord-tenant benchbook, Truth in Renting Act remedies — https://www.courts.michigan.gov/4a4eb6/siteassets/publications/benchbooks/lltbb/lltbbresponsivehtml5.zip/LLTBB/Ch_2_Specific_Acts/Truth_in_Renting_Act.htm
- Rome v. Walker, 38 Mich. App. 458, 196 N.W.2d 850 (1972)
- SCAO Form DC 111a (Answer, Nonpayment) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc111a.pdf
- SCAO Form DC 111b (Answer, Damage/Health Hazard to Property) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc111b.pdf
- SCAO Form DC 111c (Answer to Complaint to Recover Possession of Property) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/dc111c.pdf
- SCAO Landlord-Tenant Forms — https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
- Michigan Legal Help — https://michiganlegalhelp.org
- Detroit Office of Eviction Defense — https://detroitmi.gov/departments/law-department/office-eviction-defense-right-counsel
- 42 U.S.C. § 3601 et seq. (Fair Housing Act) — https://www.law.cornell.edu/uscode/text/42/chapter-45
- 15 U.S.C. § 9058 (CARES Act notice) — https://www.law.cornell.edu/uscode/text/15/9058
About this template
- Last updated
- November 7, 2026
- Jurisdiction
- Michigan
- Category
- Landlord & Tenant
Legal authority
- MCR 4.201(G), (G)(4) (Tenant answer, jury demand, and fee)
- MCR 4.201(H) (Claims and counterclaims)
- MCR 4.201(I)(3), (K)(2) (Rental-assistance notice and stay)
- MCR 4.201(O) (Appeals from possessory judgments)
- MCL 600.5701 et seq. (Summary Proceedings Act)
- MCL 600.5720(1)-(2) (Retaliation defense; conditional 90-day presumption)
- MCL 600.5739 (Joinder; tenant counterclaims)
- MCL 554.139 (Implied covenant of fitness and reasonable repair)
- MCL 554.631 et seq. (Truth in Renting Act)
- MCL 554.601 et seq. (Landlord and Tenant Relationships Act — security deposits)
- MCL 554.609 (Itemized list of damages — 30 days)
- MCL 554.613 (Forfeiture of damage claim; double damages)
- MCL 600.2918(1)-(2) (Forcible ejectment and other unlawful interference; distinct remedies)
- MCL 554.636(1), (3)-(4) (Truth in Renting Act remedies and notice exceptions)
- MCL 37.2502 (Elliott-Larsen Civil Rights Act — housing discrimination)
- MCL 37.1502(1) (Persons With Disabilities Civil Rights Act — housing discrimination)
- 42 U.S.C. § 3601 et seq. (federal Fair Housing Act)
- SCAO Approved Form DC 111a (Answer, Nonpayment of Rent, Landlord-Tenant)
- SCAO Approved Form DC 111c (Answer to Complaint to Recover Possession of Property)
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
The statutes this template relies on are listed under Legal authority.
MCL 37.2502(1) (Michigan judiciary benchbook) (checked November 7, 2026): "height, weight, familial status, or marital status of an individual, or anyone residing with that individual, are prohibited and void."
MCL 37.1502(1) (Michigan judiciary benchbook) (checked November 7, 2026): "Also prohibited is any clause in violation of the Persons With Disabilities Civil Rights Act (PWDCRA)"
MCR 4.201(G)(4) (checked November 5, 2026): "he or she must demand it orally at the first appearance or in writing within five days"
MCR 4.201(G)(4) (jury fee) (checked November 5, 2026): "The jury trial fee must be paid when the demand is made or within 5 days"
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