Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-107

Landlord to supply and maintain fit dwelling unit

In Force
Verified 10/13/2026 · Next check 11/12/2026
Benton HarborHabitability & Repair

Operative Text

Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-107
(a) The landlord shall at all times during the tenancy:
(1) Comply with all applicable provisions of any state or local statue, code, regulation, or ordinance
governing the maintenance, construction, use or appearance of the dwelling unit and the property of which it is
a part;
(2) Keep all common areas of his building, grounds, facilities and appurtenances in a clean and sanitary
condition;
(3) Make all repairs and arrangements necessary to put and keep the dwelling unit and the appurtenances
thereto in as good condition as they were, or ought by law or agreement to have been, at the commencement of
tenancy;
(4) Maintain all electrical, plumbing, and other facilities supplied by him in good working order;

(5) Except in the case of a single-family residence, provide and maintain appropriate receptacles and
conveniences for the removal of ashes, rubbish and garbage, and arrange for the frequent removal of such
waste; and
(6) Except in the case of a single-family residence, or where the building I not equipped for the purpose,
supply potable water and hot water as reasonably required by the tenant and provide for adequate heat.

Where the duty imposed by clause (1) is incompatible with, or greater than, the duty imposed by any other
clause of this subsection, the landlord’s duty shall be determined by reference to clause (1).

(b) The landlord and tenant of a single-family residence may agree by a conspicuous writing independent of
the rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling,
but only if:
(1) The particular work to be performed by the tenant is for the primary benefit of his dwelling unit, and
will be substantially consumed during the remaining tenancy ; or
(2) Adequate consideration apart from any provision of the rental agreement is exchanged for the tenant’s
promise. In no event under this subsection may the landlord treat performance of this agreement as a condition
to any provision of the rental agreement.

(c) The landlord and tenant of any other dwelling unit may agree by a conspicuous writing independent of the
rental agreement that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but
only if:
(1) The work is not necessary to bring a noncomplying dwelling unit into compliance with a building or
housing code, ordinance, or the like; and
(2) The agreement is supported by adequate consideration apart from the rental agreement. In no event
under this subsection may the landlord treat performance of this agreement as a condition to any provision of
the rental agreement.

(d) Where a single-family residence which is the owner’s usual residence is rented during a temporary
absence of the owner, the landlord and tenant may agree in writing that the tenant is to perform specified
repairs, maintenance tasks, alterations or remodeling. (Ord. of 6-9-77, § 5.03)
Source: Legislative text reproduced verbatim
Plain English

Under Benton Harbor, MI Code of Ordinances § 20-107, landlords are required to maintain dwelling units and common areas in a fit, clean, and sanitary condition throughout the entire tenancy. This includes complying with all applicable state and local codes, keeping electrical and plumbing systems in working order, and—for multi-unit buildings—arranging for waste removal and supplying potable water, hot water, and adequate heat. The provision also allows landlords and tenants to shift certain repair or maintenance responsibilities to the tenant through a separate written agreement, but only under specific conditions and never as a condition of the rental agreement itself.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to § 20-107 of the Benton Harbor Landlord-Tenant Code generally maintain ongoing compliance by conducting regular inspections of common areas, electrical systems, plumbing, and other landlord-supplied facilities throughout the tenancy—not just at move-in. For multi-unit properties, compliant operators arrange for frequent waste removal and ensure continuous access to potable water, hot water, and heat. When shifting any repair or maintenance task to a tenant by written agreement, operators ensure that agreement is a conspicuous, standalone document supported by adequate consideration, and never tie the tenant's performance of that agreement to any term of the rental agreement itself.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 20-107 of the Benton Harbor Landlord-Tenant Code, tenants have the right to a dwelling unit that is maintained in compliance with all applicable state and local codes, with functioning electrical and plumbing systems, and—in multi-unit buildings—with waste removal services and adequate water and heat provided throughout the tenancy. If a landlord fails to meet these obligations, tenants may have grounds to raise the violation as a defense in legal proceedings or to file a complaint with the appropriate local code enforcement authority. Tenants who believe their rights under this provision have been violated may also wish to consult a local tenant-rights organization for information about available remedies.

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 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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