Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-127
Landlord’s remedies for absence, misuse and abandonment
Operative Text
(a) If the rental agreement provides for notification of the landlord by the tenant of an anticipated extended absence, and the tenant fails to make reasonable efforts to comply with such requirement, the tenant shall indemnify the landlord for any harm resulting from such absence. (b) The landlord may, during any extended absence of the tenant, enter the dwelling unit as reasonably necessary for inspection, maintenance and safekeeping. (c) Unless otherwise agreed, use of the dwelling unit by the tenant for any other purpose than as his abode, or nonuse of the dwelling unit shall constitute landlord to proceed as specified in section 20-131. (d) If the tenant wrongfully quits the dwelling unit and unequivocally indicates by words or deeds his intention not to resume tenancy, he shall be liable for the lesser of the following for such abandonment: (1) The entire rent due for the remainder of the term; or (2) All rent accrued during the period reasonably necessary to re-rent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior rental agreement, plus a reasonable commission for the renting of the premises. This subsection shall apply, if less than (1), notwithstanding that the landlord did not re-rent the premises. (Ord. Of 6-9-77, § 6.08)
Benton Harbor, MI Code of Ordinances § 20-127 establishes a framework governing what happens when a tenant is absent from, misuses, or abandons a rental unit. If a lease requires the tenant to notify the landlord of an extended absence and the tenant fails to do so, the tenant bears responsibility for any resulting harm to the landlord. During an extended absence, the landlord is permitted to enter the unit for inspection, maintenance, or safekeeping, and if a tenant wrongfully abandons the unit and clearly signals no intent to return, the tenant's financial liability is capped at the lesser of the remaining rent owed or the costs associated with re-renting the unit.
Plain English — not legal advice.
Under § 20-127, property owners and managers generally benefit from including a clear extended-absence notification requirement in their lease agreements, as this provision ties tenant indemnification obligations to such a clause. During a documented extended absence, compliant operators typically limit their entries to purposes of inspection, maintenance, and safekeeping, keeping records of each entry. When a tenant appears to have wrongfully abandoned the unit, operators generally document the abandonment clearly and make reasonable efforts to re-rent the premises at a fair market rate, since the tenant's liability under § 20-127(d) is calculated in part based on re-renting costs and any rental shortfall.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-127 of the Benton Harbor, MI Code of Ordinances outlines tenant responsibilities and protections in situations involving extended absences or departure from a rental unit. Tenants should be aware that if their lease includes an absence-notification clause, failing to follow it can create financial exposure for any harm the landlord suffers as a result. If a landlord claims abandonment or seeks damages under § 20-127(d), tenants may wish to review whether the landlord made reasonable efforts to re-rent the unit, as the provision limits liability to the lesser of two calculations — a point that can be raised as a defense or explored further with a local tenant-rights organization.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.