Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-115
Abatement of rent when dwelling unfit for human habitation
Operative Text
(a) Definition. For the purpose of this section, the term “unfit for human habitation” shall be defined to include, but not be limited to, fire hazards, the lack of heat or hot and cold water, or where there is an imminent threat to the health or safety of the occupant(s) or failure to meet minimum code requirements. (b) Abatement. If any building or dwelling unit which is occupied by a tenant(s) who pay(s) rent for said building or dwelling unit is in whole or in part unfit for human habitation, during the unlawful occupation, no rent shall be recoverable by the owner or lessor of the building or dwelling unit for the period after which the building or dwelling unit is declared to be unfit for human habitation by the building official authorized to conduct housing inspections by the city. In addition, no action or special proceedings shall be maintained for possession of the building or dwelling unit for nonpayment of rent. The building or dwelling unit may be declared unfit for human habitation, and the building official may cause the building or dwelling unit to be vacated accordingly. (Ord. No. 627-89, § 1, 4-24-89)
Section 20-115 of the Benton Harbor Landlord-Tenant Code establishes that when a rental dwelling is officially declared unfit for human habitation — due to conditions such as fire hazards, lack of heat or water, or imminent health and safety threats — the landlord loses the legal right to collect rent for the period following that declaration. The provision also bars the landlord from pursuing eviction proceedings based on nonpayment of rent during that same period. A city-authorized building official holds the authority to make the formal declaration and may order the building vacated.
Plain English — not legal advice.
Under § 20-115 of the Benton Harbor Code, a compliant property owner maintains rental units in a condition that meets minimum code requirements and avoids conditions such as fire hazards or loss of heat and water — the kinds of deficiencies that can trigger an official declaration of unfitness for human habitation. Once a building official issues such a declaration, the owner's ability to collect rent and to pursue eviction for nonpayment is suspended for the affected period. Operators generally document their maintenance efforts and respond promptly to inspection notices to avoid reaching the threshold that triggers this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-115 of the Benton Harbor Landlord-Tenant Code provides tenants with a significant protection: if a city-authorized building official declares their unit unfit for human habitation, the landlord cannot legally recover rent for the period after that declaration, and cannot bring an eviction action based on nonpayment during that time. Tenants who believe their unit may meet the definition of "unfit for human habitation" — which includes fire hazards, lack of heat or water, or imminent health and safety threats — may consider contacting the city's building inspection office to request an inspection. Tenant-rights organizations in Michigan can help explain how this provision interacts with other local and state protections.
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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