Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-150
Landlord’s waiver of liability forbidden
Operative Text
Every agreement between landlord and tenant in or in connection with a rental agreement of residential property exempting the landlord from liability for damages for injuries to persons or property caused by or resulting from the acts or omissions of the landlord, his agents, servants or employees, in the operation or maintenance of the dwelling unit or the property of which it is a part shall be unenforceable. (Ord. of 6-9-77, § 7.06)
Under Benton Harbor, MI Code of Ordinances § 20-150, any clause in a residential rental agreement that attempts to shield a landlord from liability for injuries or property damage caused by the landlord's own actions—or those of the landlord's agents or employees—in operating or maintaining the dwelling is legally void and unenforceable. The rule applies broadly to any agreement made 'in or in connection with' a rental arrangement, meaning such waivers cannot be tucked into side documents or addenda either. This provision ensures that tenants retain the right to seek damages for harm attributable to a landlord's negligence in maintaining the property.
Plain English — not legal advice.
Property owners and managers operating under Benton Harbor, MI Code of Ordinances § 20-150 should be aware that lease clauses attempting to waive liability for their own negligence—or that of their staff—in maintaining or operating a residential dwelling are unenforceable as a matter of local law. Compliant operators generally avoid including such exculpatory language in leases, addenda, or any related agreements, understanding that those clauses will carry no legal weight if challenged. Focusing instead on sound maintenance practices and adequate insurance coverage reflects the standard approach to managing liability exposure under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-150 of the Benton Harbor, MI Code of Ordinances protects residential tenants by making unenforceable any lease language that purports to release a landlord from responsibility for injuries or property damage caused by the landlord's negligence in maintaining the dwelling. If a lease contains such a waiver clause, tenants generally have the option of raising its unenforceability as a defense in any legal proceeding where a landlord attempts to rely on it. Tenants who believe they have suffered harm due to a landlord's negligence may wish to consult a tenant-rights organization or legal aid office to understand the range of options available under this provision.
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.