Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-112

Tenant’s remedies for fire or casualty damage

In Force
Verified 10/13/2026 · Next check 11/12/2026
Benton HarborConstructive Eviction

Operative Text

Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-112
When the dwelling unit or any of the property or appurtenances necessary to the enjoyment thereof are rendered
partially or wholly unusable by fire or other casualty which occurs without fault on the part of the tenant, a
member of his family, or other person on the premises with his consent, the tenant may:

(1) Immediately quit the premises and notify the landlord of his election to quit within one week after
quitting, in which case the rental agreement shall terminated as of the date of quitting. If the tenant fails to
notify the landlord of his election to quit, he shall be liable for rent accruing to the date of the landlord’s actual
knowledge of the tenant’s vacation or impossibility of further occupancy; or
(2) If continued occupancy is otherwise lawful, vacate any part of the premises rendered unusable by the
fire or casualty, in which case the tenant’s liability for rent shall be no more than the market value of that part of
the premises which he continues to use and occupy. (Ord. Of 6-9-77, § 5.08)
Source: Legislative text reproduced verbatim
Plain English

Under Benton Harbor, MI Code of Ordinances § 20-112, when a rental unit or its necessary appurtenances become partially or wholly unusable due to fire or other casualty through no fault of the tenant or anyone the tenant permitted on the premises, the tenant has two options. The tenant may leave the unit entirely and end the rental agreement as of the date of departure, provided the landlord is notified within one week. Alternatively, if continued occupancy is otherwise lawful, the tenant may remain in the usable portion of the unit and owe rent only proportional to the market value of the space still being used.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under § 20-112 of the Benton Harbor Landlord-Tenant Code, compliant operators recognize that a tenant's rent obligation is directly affected when a casualty event renders part or all of a unit unusable without tenant fault. Operators generally track the date a tenant vacates and document when they received actual notice of the departure, since rent liability can hinge on that knowledge. When a tenant remains in a partially damaged unit under lawful conditions, operators typically reassess rent to reflect only the market value of the habitable space still occupied.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 20-112 of the Benton Harbor, MI Code of Ordinances gives tenants meaningful protections when fire or casualty damages their home through no fault of their own. If you choose to leave entirely, notifying your landlord of that decision within one week of vacating is important to properly terminate the rental agreement and limit ongoing rent liability. If you stay in the undamaged portion of the unit, your rent should reflect only the market value of the space you continue to use; tenant-rights organizations in Michigan can help you understand how this provision applies and what enforcement or complaint paths may be available to you.

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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Related Rules

§ 47a-14
Damage or destruction of unit. Tenant's remedies.
§ 227
When tenant may surrender premises
§ 21-83d
Damage or destruction of unit or premises. Noncompliance by owner with rental agreement or statutory responsibilities. Resident's remedies.

Source Information

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Fetched:Oct 13, 2026, 03:36 AM UTC