Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-149
Landlord and tenant remedies of abuse of access
Operative Text
(a) The tenant shall be liable to the landlord for any harm proximately caused by the tenant’s unreasonable refusal to allow access. (b) The landlord shall be liable to the tenant for any theft, casualty, or other harm proximately resulting from an entry into the dwelling unit by him or with his permission or license: (1) When the tenant is absent and has not specifically consented to the entry; (2) Without the tenant’s actual consent when he is present and able to consent; (3) In any other case, when the harm suffered by the tenant is due to the landlord’s negligence. (c ) Repeated demands for unreasonable entry, or any entry which is unreasonable and not consented to by the tenant, may be treated by the tenant as grounds for termination of the rental agreement. Any court of competent jurisdiction may issue an injunction against this manner of harassment on behalf of one or more tenants. (d) Every agreement or understanding between a landlord and a tenant which purports to exempt the landlord from any liability imposed by this section, except consent to a particular entry, shall be null and void.
Section 20-149 of the Benton Harbor Landlord-Tenant Code establishes a two-way liability framework governing access to rental units. A tenant who unreasonably refuses a landlord's lawful access request can be held responsible for resulting harm, while a landlord who enters without proper consent—or whose permitted entry leads to theft, damage, or other harm—can be held liable to the tenant. Repeated or unreasonable demands for entry may constitute grounds for a tenant to end the rental agreement, and a court may issue an injunction to stop such harassment. Any lease clause attempting to waive the landlord's liability under this section is void, except for a tenant's consent to a specific entry.
Plain English — not legal advice.
Under § 20-149 of the Benton Harbor Landlord-Tenant Code, compliant property operators document access requests, obtain actual tenant consent before entering, and ensure that any person they authorize to enter the unit also follows proper consent procedures. Landlords who enter without consent—or whose agents or licensees do so—may be held liable for theft, property damage, or other harm that results, even if the landlord did not personally cause it. Operators generally avoid repeated or unreasonable demands for entry, as such conduct can give a tenant grounds to terminate the lease and may expose the landlord to a court-ordered injunction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-149 of the Benton Harbor Landlord-Tenant Code gives tenants the right to be free from unconsented or harassing entries by their landlord. If a landlord or someone the landlord permits enters without your actual consent and harm results—such as theft or property damage—the landlord may be held liable under this provision. Tenants who experience repeated unreasonable demands for entry may have grounds to treat the rental agreement as terminated, and a court of competent jurisdiction can issue an injunction against such harassment; tenant-rights organizations in Michigan can help explain what options may be available under § 20-149.
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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