Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-112
Tenant’s remedies for fire or casualty damage
Operative Text
When the dwelling unit or any of the property or appurtenances necessary to the enjoyment thereof are rendered partially or wholly unusable by fire or other casualty which occurs without fault on the part of the tenant, a member of his family, or other person on the premises with his consent, the tenant may: (1) Immediately quit the premises and notify the landlord of his election to quit within one week after quitting, in which case the rental agreement shall terminated as of the date of quitting. If the tenant fails to notify the landlord of his election to quit, he shall be liable for rent accruing to the date of the landlord’s actual knowledge of the tenant’s vacation or impossibility of further occupancy; or (2) If continued occupancy is otherwise lawful, vacate any part of the premises rendered unusable by the fire or casualty, in which case the tenant’s liability for rent shall be no more than the market value of that part of the premises which he continues to use and occupy. (Ord. Of 6-9-77, § 5.08)
Under Benton Harbor, MI Code of Ordinances § 20-112, when a rental unit or its necessary appurtenances become partially or wholly unusable due to fire or other casualty through no fault of the tenant or anyone the tenant permitted on the premises, the tenant has two options. The tenant may leave the unit entirely and end the rental agreement as of the date of departure, provided the landlord is notified within one week. Alternatively, if continued occupancy is otherwise lawful, the tenant may remain in the usable portion of the unit and owe rent only proportional to the market value of the space still being used.
Plain English — not legal advice.
Under § 20-112 of the Benton Harbor Landlord-Tenant Code, compliant operators recognize that a tenant's rent obligation is directly affected when a casualty event renders part or all of a unit unusable without tenant fault. Operators generally track the date a tenant vacates and document when they received actual notice of the departure, since rent liability can hinge on that knowledge. When a tenant remains in a partially damaged unit under lawful conditions, operators typically reassess rent to reflect only the market value of the habitable space still occupied.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-112 of the Benton Harbor, MI Code of Ordinances gives tenants meaningful protections when fire or casualty damages their home through no fault of their own. If you choose to leave entirely, notifying your landlord of that decision within one week of vacating is important to properly terminate the rental agreement and limit ongoing rent liability. If you stay in the undamaged portion of the unit, your rent should reflect only the market value of the space you continue to use; tenant-rights organizations in Michigan can help you understand how this provision applies and what enforcement or complaint paths may be available to you.
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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