Michigan Tenant's Answer to Summary Proceedings Complaint

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS — SUMMARY PROCEEDINGS (MICHIGAN)

Statutory Form Reference: SCAO Approved Form DC 111a (Nonpayment) or DC 111b (Termination)

Statutory Authority: MCR 4.201(F); MCL 600.5701 et seq.

TABLE OF CONTENTS

1. Caption
2. Answer to Numbered Allegations
3. Affirmative Defenses
4. Counterclaims
5. Jury Demand
6. Prayer for Relief
7. Verification
8. Signature
9. Certificate of Service
10. Practice Notes
11. Sources and References

1. CAPTION

STATE OF MICHIGAN

[___] JUDICIAL DISTRICT

[COUNTY] COUNTY DISTRICT COURT

Case No.: [________________________________]

Hon.: [________________________________]

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:

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, 197 N.W.2d 124 (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

Within 90 days before service of the Demand or filing of the Complaint, Tenant [reported housing-code violations to __; filed a complaint with __; joined or organized a tenant association; lawfully withheld rent under Rome v. Walker; requested repairs in writing on __/__/____; exercised rights under the Truth in Renting Act]. A rebuttable presumption of retaliatory eviction therefore applies under MCL 600.5720(1), and Landlord must prove by a preponderance that the action is 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 — e.g., racial, national-origin, religious, sex, familial-status, disability discrimination; refusal to grant a reasonable accommodation under FHA § 3604(f)(3); discrimination based on lawful source of income (where local ordinance prohibits)]. Such discrimination violates MCL 37.2502 (Elliott-Larsen Civil Rights Act) and 42 U.S.C. § 3604.

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

The Premises are located within the City of [Detroit / Hamtramck / Highland Park / Ann Arbor / East Lansing / Ypsilanti / OTHER] which requires a current Certificate of Compliance / rental registration as a condition of leasing. Landlord does not hold a current Certificate / registration. Under controlling local ordinance and Michigan case law, rent is not enforceable during periods of non-compliance, and a nonpayment eviction may not be maintained.

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)(2) (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 damages within 30 days, accompanied by a check for the unclaimed balance.

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. Under MCL 554.613(2), Landlord's failure to commence an action for damages claimed within 45 days of the tenant's vacating the Premises forfeits the damage claim, and Landlord is liable for double the security-deposit amount plus any unreturned balance.

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. Such conduct constitutes a forcible ejectment under MCL 600.2918(1), entitling Tenant to TREBLE Tenant's actual damages or $200, whichever is greater, plus actual damages including emotional distress, embarrassment, and humiliation.

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 requests declaratory judgment that the offending provision is void and $250.00 statutory damages plus reasonable attorney fees under MCL 554.634(2).

5. JURY DEMAND

Tenant DEMANDS A TRIAL BY JURY on all issues so triable, pursuant to MCL 600.5739(2) and MCR 2.508. Jury fee tendered with this Answer.

☐ Jury demanded ☐ 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 double the security deposit, treble damages for any forcible ejectment, statutory damages under the Truth in Renting Act, and rent abatement under the warranty of habitability;

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(F)(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. Germane Defenses Only

Under MCR 4.201(F)(2), defenses are limited to those "germane to the issue of the right to possession." Money counterclaims (security deposit, anti-lockout, repair-and-deduct) MAY be joined but the court has discretion to sever the money claims for separate trial. Habitability and retaliation are germane and remain in the summary case.

10.3. Apply for Rental Assistance

At the first hearing, the court must give the tenant an opportunity to apply for financial assistance and to seek legal representation. Apply through MDHHS State Emergency Relief, the local Community Action Agency, or any active state/local rental-assistance program. Some programs require tenant and landlord cooperation; engage Landlord's counsel early.

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 has received an itemized list of damages under MCL 554.609 must respond by mail within 7 days disputing the claimed damages, or the claim is forfeited. MCL 554.611. Deadlines are strict.

10.8. Appeal

A tenant has the right to appeal an adverse judgment to the circuit court under MCR 4.201(N). The appeal does not automatically stay the writ of restitution; tenant must move for a stay and may be required to post a bond. Time to appeal is 21 days after entry of judgment under MCR 7.104(A).

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 Legislature, MCL 600.2918 — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2918
• Michigan Legislature, MCL 37.2502 (Elliott-Larsen) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-37-2502
• Michigan Legislature, MCL 554.633 / 554.634 (Truth in Renting Act) — https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-554-633
• Rome v. Walker, 38 Mich. App. 458, 197 N.W.2d 124 (1972)
• SCAO Form DC 111a (Answer, Nonpayment) — https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc111a.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