Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-130
Tenant to use property
Operative Text
(a) The tenant shall obey all obligations or restrictions, whether denominated by the landlord as “rules” or otherwise, concerning his use, occupation, and maintenance of his dwelling unit, appurtenances thereto, and the property of which the dwelling unit is a part if: (1) Such obligations or restrictions are brought to the attention of the tenant at the time of his entry into the agreement to occupy the dwelling unit; or (2) Such obligations or restrictions, if not so known by the tenant at the commencement of tenancy, are brought to the attention of the tenant and, if they work a substantial modification of his bargain, are consented to in writing by him. (b) No such restriction or obligation shall be enforceable against the tenant unless: (1) It is for the purpose of promoting the convenience, safety or welfare of the tenants of the property, or for the preservation of the landlord’s property from abusive use, or for the fair distribution of services and facilities held out for the tenants generally. (2) It is reasonably related to the purpose for which it is promulgated; (3) It applies to all tenants of the property in a fair manner; (4) It is sufficiently explicit in its prohibition, direction, or limitation of the tenant’s conduct to fairly inform him of what he must or must not do to comply. (Ord. of 6-9-77, § 6.11)
Section 20-130 of the Benton Harbor Landlord-Tenant Code establishes the conditions under which a landlord's rules about how a tenant uses, occupies, and maintains a dwelling unit are legally binding. Rules disclosed at the start of a tenancy are generally enforceable, while rules introduced later that substantially change the original agreement require the tenant's written consent. Regardless of when a rule is introduced, it is only enforceable if it serves a legitimate purpose—such as safety, property preservation, or fair distribution of services—applies equally to all tenants, is reasonably connected to that purpose, and is clear enough for a tenant to understand what is required.
Plain English — not legal advice.
Under § 20-130, operators who want their property rules to be enforceable generally disclose all obligations and restrictions to prospective tenants before or at the time the rental agreement is signed. When new rules are introduced mid-tenancy and represent a substantial change to the original arrangement, landlords typically obtain written consent from affected tenants. Compliant operators also ensure that every rule applies uniformly to all tenants on the property, is clearly worded, and is tied to a legitimate purpose such as safety, welfare, or fair distribution of shared services.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-130 provides tenants with meaningful protections against arbitrary or one-sided landlord rules. A rule that was never disclosed at move-in, that substantially changes your original agreement without your written consent, or that fails to apply equally to all tenants may not be enforceable against you under this provision. Tenants who believe a rule violates these standards may raise the issue as a defense in any proceeding based on that rule, consult a local tenant-rights organization, or seek guidance from a housing attorney familiar with the Benton Harbor Code of Ordinances.
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
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.