Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-110
Tenant’s remedy of repair and deduct for minor defects
Operative Text
(a) Notification of the appropriate authority of any defects in the dwelling unit, and inspection and certification by that authority that the defect does in fact occur, and certification by that authority that the repairs have in fact been done in a workmanlike manner shall constitute a prima facie case of compliance with this division (b) If the landlord of an apartment building or single-family dwelling fails to repair, maintain, keep in sanitary condition or perform in any other manner required by section 20-107 or as agreed to in a rental agreement, and fails to remedy such failure within a reasonable time period after being notified by the tenant in writing to do so, the tenant may further notify the landlord of his intention to correct the objectionable condition at the landlord’s expense and immediately do or have done the necessary work in a workmanlike manner. The tenant may deduct from his rent a reasonable sum, for his expenditures by submitting to the landlord copies of his receipts covering at least the sum deducted. If the tenant submits a written estimate by a qualified workman at least two (2) weeks before having the work done, and substitutes workmen and materials as the landlord may reasonably request in writing, the tenant may deduct from his rent a reasonable sum not exceeding one month’s rent by submitting to the landlord copies of his receipts covering at least the sum deducted. (c) In no event may a tenant repair at the landlord’s expense when the condition complained was caused by the want of due care of the tenant, a member of his family, or other person on the premises with his consent. (d) Before correcting conditions affecting facilities shared by more than one dwelling unit, the tenant shall notify all other tenants sharing such facilities of his plans, and shall so arrange the work as to create the least practicable inconvenience to such other tenants. (Ord. of 6-9-77, § 5.06)
Section 20-110 of the Benton Harbor Landlord-Tenant Code establishes a 'repair and deduct' remedy for tenants when a landlord fails to maintain a dwelling unit as required by § 20-107 or a rental agreement. After providing written notice to the landlord and allowing a reasonable time for repairs, a tenant may arrange for the necessary work to be done and subtract the cost from rent, provided receipts are submitted. The deduction is capped at one month's rent when the tenant follows specific procedural steps, including submitting a written estimate at least two weeks in advance. Tenants cannot use this remedy if the defect was caused by their own negligence or that of someone in their household.
Plain English — not legal advice.
Under § 20-110 of the Benton Harbor Landlord-Tenant Code, compliant property owners generally respond promptly to written repair notices from tenants and complete required maintenance within a reasonable timeframe to avoid triggering the repair-and-deduct remedy. When a tenant submits a written estimate and requests specific workmen or materials in writing, landlords have an opportunity to direct how repairs are carried out before work begins. Operators who maintain documentation of their repair responses and timelines are better positioned to demonstrate compliance with the standards set out in § 20-107 and any applicable rental agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-110 of the Benton Harbor Landlord-Tenant Code gives tenants a formal pathway to address unresolved maintenance failures by arranging repairs themselves and deducting the cost from rent, subject to procedural requirements. To preserve this right, tenants generally provide written notice to the landlord, allow a reasonable period for the landlord to act, and keep copies of all receipts for amounts deducted. Tenants who believe this remedy applies to their situation may wish to consult a local tenant-rights organization or legal aid office for guidance on the notification and documentation steps outlined in § 20-110.
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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