Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-133
Limitation of liability
Operative Text
Unless otherwise agreed, a landlord who sells the premises is relieved of liability under this article for events occurring subsequent to written notice to the tenant of the sale. However, he remains liable to the tenant for any property and money to which the tenant is entitled under section 20-145 and all prepaid rent, unless the tenant receives written notice that such property, money and prepaid rent have been transferred to the buyer, and that the buyer has accepted liability for such property, money and prepaid rent. (Ord. 6-9-77, § 6.14)
Under Benton Harbor, MI Code of Ordinances § 20-133, when a rental property is sold, the selling landlord's legal exposure for events arising after the sale generally ends once the tenant receives written notice of that sale. However, the selling landlord does not automatically shed responsibility for the tenant's security deposit, other owed property or money under § 20-145, or any prepaid rent. That remaining liability transfers away from the seller only when the tenant receives written notice that those funds and items have been handed over to the buyer and that the buyer has formally accepted responsibility for them.
Plain English — not legal advice.
Property owners and managers selling rental property in Benton Harbor should be aware that § 20-133 sets out a specific process for transferring liability to a buyer. A compliant sale transaction typically includes delivering written notice to each tenant identifying the new owner, and separately providing written notice confirming that security deposits, funds owed under § 20-145, and prepaid rent have been transferred to the buyer and that the buyer has accepted liability for those amounts. Operators generally document both notices carefully and retain copies, since the seller's liability for those funds persists until proper written notice is given to the tenant.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 20-133 of the Benton Harbor Landlord-Tenant Code, tenants have the right to receive written notice when their building is sold, and a separate written notice confirming that their security deposit, any money owed under § 20-145, and prepaid rent have been transferred to the new owner who has accepted responsibility for them. Until a tenant receives that second notice, the original landlord generally remains on the hook for those funds. Tenants who believe these notice requirements were not met may wish to review the full Benton Harbor Landlord-Tenant Code, consult a local tenant-rights organization, or explore whether raising a violation of § 20-133 is appropriate in their circumstances.
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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