Michigan law makes it illegal for a landlord to punish you for exercising your legal rights—whether that’s requesting repairs, joining a tenant union, or filing a code complaint. Learn how the rules work, how to prove retaliation, and what remedies courts can award.
Retaliation is any adverse action a landlord takes because you exercised a legal right. Michigan Compiled Laws label it “retaliatory eviction,” but the ban covers more than eviction: rent hikes, service cut-offs, and selective lease enforcement all qualify when the real motive is punishment. Example:
Scenario: Sara emails her landlord about a leaking roof and, two days later, receives a 30-day non-renewal notice despite a spotless payment record. Because the notice follows a protected repair request, the law presumes retaliation.
The key difference between lawful enforcement and retaliation is motive. If the landlord can prove an independent, non-punitive reason—like chronic late rent—retaliation rules may not apply.
The statute shields you when you:
HUD guidance and Michigan Attorney General opinions reinforce that these activities are protected—even if you are month-to-month or on subsidized housing.
“The court shall presume that a landlord’s action is retaliatory if commenced within 90 days after a tenant has in good faith exercised or attempted to exercise rights or remedies...” — MCL 600.5720(1)
The provision creates a 90-day presumption: if an eviction, rent hike, or non-renewal happens within three months of your protected act, the burden shifts to the landlord to prove a legitimate reason “by clear and convincing evidence.” Outside 90 days, retaliation can still be argued but the tenant carries the proof burden.
| Situation | Burden of Proof | Typical Documentation |
|---|---|---|
| Action filed ≤90 days after complaint | Landlord must show non-retaliatory cause | Payment ledger, violation photos, inspection reports |
| Action filed >90 days | Tenant must prove motive | Timeline log, text threads, emails referencing complaint |
| Rent increase only | Tenant shows sudden/unusual hike | Prior rent statements, market-rate comparables |
Ten days after Jamal called code enforcement about mold, his landlord raised rent 22 %. A district judge ruled the hike retaliatory and ordered triple damages.
Lena alone received a non-renewal notice out of four identical units—shortly after she joined a tenant union. Mediation produced a six-month extension and repair timeline.
| Day | Event | Key Takeaway |
|---|---|---|
| 0 | Tenant files repair complaint | Start clock—keep stamped copy |
| 7 | First landlord response due (per AG guidance) | Document silence or threats |
| 30 | Illegal rent hike becomes payable | Dispute in writing; escrow difference |
| 60 | Eviction or non-renewal often filed | Raise retaliation defense in first answer |
| 90 | Statutory presumption expires | You can still argue motive, but burden shifts |
Pro tip: Attach this timeline to your court “Answer” to show judges the sequence visually.
Template Log
| Date | Event | Doc / File | Witness |
|---|---|---|---|
| 3/1/25 | Repair request emailed | Email.pdf | — |
| 3/10/25 | Notice of rent increase | IncreaseLetter.jpg | Roommate |
| 3/18/25 | Inspection report issued | Report.pdf | City Inspector |
Fill in the blanks and click “Generate Letter.” Copy the ready-to-mail text into your word processor or our Sample Letters tool.
| Remedy | Venue | Potential Award |
|---|---|---|
| Affirmative Defense | District Court | Case dismissal, record sealing |
| Counter-Claim | District / Small Claims | Triple rent + costs |
| Injunction | Circuit Court | Order halting retaliatory act |