Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-109
Tenant’ remedy of termination at any time
Operative Text
(a) If there exists any condition which deprives the tenant of a substantial part of the benefit and enjoyment of his bargain, the tenant may notify the landlord in writing of the situation and if the landlord does not remedy the situation within two (2) weeks, terminate the rental agreement. Such notice need not be given when the condition renders the dwelling unit uninhabitable or poses an imminent threat to the health or safety of any occupant. The tenant may not terminate for a condition caused by the want of due care of the tenant, a member of his family, or other person on the premises with his consent (b) If the condition referred to in subsection (a) was caused willfully or negligently by the landlord, the tenant may recover any damages sustained as a result of the condition including, but not limited to, reasonable expenditures necessary to obtain adequate substitute housing. (Ord. of 6-9-77, § 5.05)
Under Benton Harbor, MI Code of Ordinances § 20-109, a tenant whose rental unit suffers a condition that substantially undermines the benefit and enjoyment of the tenancy has the right to terminate the rental agreement after providing written notice and allowing the landlord two weeks to remedy the problem. When the condition makes the unit uninhabitable or poses an imminent threat to health or safety, no advance notice is required before termination. This right does not apply when the tenant, a household member, or a permitted guest caused the condition through a lack of due care. Additionally, if the landlord willfully or negligently caused the condition, the tenant may seek damages, including the cost of obtaining substitute housing.
Plain English — not legal advice.
Under § 20-109, compliant operators generally respond promptly to written notices from tenants describing conditions that substantially impair the use and enjoyment of the rental unit, addressing the issue within the two-week window the ordinance provides. Landlords who act quickly and document their remediation efforts are better positioned to demonstrate compliance with Benton Harbor's Landlord-Tenant Code. Because willful or negligent conduct by the landlord can expose the property owner to damage claims—including a tenant's substitute housing costs—operators typically maintain proactive maintenance programs and keep records of repair requests and responses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-109 of the Benton Harbor, MI Code of Ordinances gives tenants the right to terminate a rental agreement when a serious condition substantially deprives them of the benefit of their tenancy, provided they first notify the landlord in writing and allow two weeks for a remedy—unless the unit is uninhabitable or poses an imminent health or safety threat, in which case no notice period is required. If the landlord willfully or negligently caused the condition, the same provision allows tenants to pursue damages, which can include the reasonable cost of finding substitute housing. Tenants who believe this provision applies to their situation may wish to consult a local tenant-rights organization or legal aid office familiar with Benton Harbor's Landlord-Tenant Code for general information about available options.
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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