Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-152
Tenant’s remedies for landlord’s unlawful ouster or exclusion
Operative Text
If removed from the premises or excluded therefrom by the landlord or his agent except under color of a valid court order so authorizing, the tenant may recover possession or terminate the rental agreement and, in either case, recover three (3) months’ rent or threefold the damages sustained by him, and the cost of suit, including a reasonable attorney’s fee. (Ord. of 6-9-77, § 7.08)
Section 20-152 of the Benton Harbor Landlord-Tenant Code addresses what happens when a landlord or the landlord's agent removes or locks out a tenant without a valid court order authorizing that removal. Under this provision, a tenant who is unlawfully ousted has two options: reclaim possession of the rental unit or terminate the rental agreement. In either case, the tenant is entitled to recover the greater of three months' rent or three times the actual damages suffered, plus court costs and a reasonable attorney's fee.
Plain English — not legal advice.
Section 20-152 makes unlawful self-help evictions — such as changing locks, removing belongings, or physically removing a tenant without a valid court order — a costly legal exposure for property owners and managers in Benton Harbor. Compliant operators in Benton Harbor pursue formal eviction proceedings through the courts before taking any action to remove a tenant from a unit. Operators generally document all court orders and ensure that any removal of a tenant is carried out only under the explicit authority of such an order.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 20-152 of the Benton Harbor Landlord-Tenant Code, a tenant who has been locked out or physically removed without a valid court order has the right to either reclaim the rental unit or end the tenancy, and to seek a financial remedy of three months' rent or three times actual damages — whichever is greater — along with court costs and attorney's fees. Tenants in this situation may consider filing a civil action in the appropriate Michigan court to enforce these rights. Consulting a local tenant-rights organization or legal aid office can help a tenant understand the options available under this provision.
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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