Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-124
Remedy for tenant’s waste, failure to maintain, or unlawful use
Operative Text
(a) If the tenant fails to carry out any responsibility in relation to his tenancy imposed by section 20-123, the landlord upon learning of such failure shall notify the tenant in writing of the lapse and allow a specified time, not less than seven (7) days from the receipt thereof, for the tenant to remedy such failure. Upon the expiration of this period: (1) If the tenant’s failure can be remedied by the landlord, as by cleaning, repairing, replacing a damaged item, or the like, the landlord may so remedy the tenant’s failure and hill him for the actual and reasonable cost of such remedy. This bill shall be treated by all parties as rent due and payable on the next regular rent collection date or, if the tenancy has terminated, immediately upon receipt; or (2) If the tenant’s failure constitutes a breach of an obligation imposed upon tenants by the provision of a municipal, county, or state code, ordinance, or statute, the landlord may terminated the rental agreement and bring a summary proceeding for possession. No allowance of a period to correct a deficiency shall be required when a failure by the tenant causes or threatens to cause irremediable harm to any person or property. (b) Failure to remedy a deficiency within the specified time in the case of a roomer or boarder shall entitle the landlord to terminated the rental agreement and bring a summary proceeding for possession. (c) The landlord may bring an action or proceeding for waste or for breach of contract for damage suffered by the tenant’s willful or negligent failure to comply with his responsibilities under section 20-123. (Ord. of 6- 9-77, § 6.04)
Section 20-124 of the Benton Harbor Landlord-Tenant Code establishes a structured process for addressing situations where a tenant fails to meet the maintenance and conduct responsibilities outlined in § 20-123. Before taking most remedial action, a landlord must provide written notice and give the tenant at least seven days to correct the problem. Depending on the nature of the failure, the rule permits the landlord to repair the issue and bill the tenant, terminate the rental agreement, or pursue a legal action for damages — with an exception that removes the notice-and-cure requirement when the tenant's conduct causes or threatens irremediable harm to a person or property.
Plain English — not legal advice.
Under § 20-124, a compliant landlord who discovers a tenant's failure to meet § 20-123 responsibilities generally documents the issue and delivers written notice specifying the deficiency and a cure period of no fewer than seven days. If the problem is one the landlord can physically remedy — such as cleaning or replacing a damaged item — the landlord may perform that work and bill the tenant for actual, reasonable costs, with that bill treated as rent. When the failure rises to a code or statutory violation, or involves a roomer or boarder who does not cure in time, operators typically initiate the appropriate legal proceedings for possession, and when irremediable harm is threatened, § 20-124 removes the obligation to allow a correction period before acting.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-124 gives tenants an important procedural protection: in most circumstances, a landlord must deliver written notice and allow at least seven days to fix a problem before escalating to billing, lease termination, or a possession proceeding. Tenants who receive such a notice should be aware that any repair costs billed by the landlord under this section are treated as rent, and that failure to cure within the stated period can have serious consequences including termination of the rental agreement. Tenants who believe a landlord has not followed the notice requirements of § 20-124, or who dispute the characterization of a deficiency, may wish to consult a local tenant-rights organization or legal aid office to understand the options available to them.
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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