Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-106
Tenant’s remedies for failure to supply possession
Operative Text
If the landlord fails to put the tenant into full possession of the dwelling unit at the beginning of the agreed term, the rent shall abate during any period the tenant is unable to enter, and: (1) Upon notice to the landlord, the tenant may terminate the rental agreement at any time he is unable to enter into possession; and (2) If such inability to enter is caused wrongfully by the landlord or by anyone with the landlord’s consent or license, the tenant may recover reasonable expenditures necessary to secure adequate substitute housing for up to one month, but no more than the agreed rent for one month. Such expenditures may be recovered by appropriate action or proceeding or by deduction from the rent upon the submission of receipts totaling at least: a. The amount of abated rent; plus b. The amount claimed against the rent. (Ord. of 6-9-77, § 5.02)
Under Benton Harbor, MI Code of Ordinances § 20-106, if a landlord does not deliver full possession of a rental unit at the start of the agreed lease term, rent stops accruing for the entire period the tenant cannot enter. The tenant may end the rental agreement by notifying the landlord while still locked out. If the landlord—or someone acting with the landlord's permission—is the wrongful cause of the lockout, the tenant may also recover the reasonable cost of temporary substitute housing for up to one month, capped at one month's agreed rent.
Plain English — not legal advice.
Operators subject to Benton Harbor, MI Code of Ordinances § 20-106 are generally expected to ensure that a unit is fully available and accessible to the incoming tenant on the first day of the agreed lease term. Compliant landlords coordinate with outgoing tenants, contractors, and any other parties whose presence could delay possession well before the new term begins. When a delay does occur, landlords should be aware that rent abatement begins automatically and that wrongful interference with possession can expose them to claims for substitute-housing costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-106 of the Benton Harbor, MI Code of Ordinances gives tenants the right to have rent automatically reduced for any period they cannot access their unit at the start of a lease. Tenants who find themselves in this situation may also notify the landlord in writing to terminate the rental agreement without penalty while they remain locked out. If the landlord or someone acting with the landlord's permission caused the lockout, tenants may pursue reimbursement for reasonable temporary housing costs—up to one month's rent—through a legal action or by deducting the amount from rent after submitting receipts; consulting a tenant-rights organization can help clarify which path fits a given set of 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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