Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-151

(a) Notwithstanding that the tenant has no written rental agreement or that it has expired, so long as the
tenant continues to tender the usual rent to the landlord or proceeds to tender receipts for rent lawfully withheld
under division 2 of this article, no:
(1) Action or proceeding to recover possession of the dwelling unit may be maintained against the tenant;
nor shall the landlord
(2) Otherwise cause the tenant to quit the dwelling unit involuntarily; nor
(3) Demand an increase in rent from the tenant; nor
(4) Decrease the services to which the tenant has been entitled, with ninety (90) days after:
a. The tenant has complained in good faith of condition in or affecting his dwelling unit which constitute a
violation of a building, housing, sanitary, or other code or ordinance, to a body charged with the enforcement of
such code or ordinance; or
b . Such a body has filed a notice or complaint of such a violation; or
c. The tenant has in good faith requested repairs under sections 20-109 - 20-111.

(b) of the dwelling unit if:

(1) The tenant is committing waste, or a nuisance, or is using the dwelling unit for an illegal purpose or for
other than living or dwelling purposes in violation of his rental agreement; or
(2) The landlord seeks in good faith to recover possession of the dwelling unit for immediate use as his own
abode; or
(3) The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of
substantially altering, remodeling or demolishing the premises; or
(4) The landlord seeks in good faith to recover possession of the dwelling unit for the purpose of
immediately terminating for at least sic (6) months use of the dwelling unit; or
(5) The complaint or request of subsection (a) related only to a condition or conditions caused by the lack of
ordinary care by the tenant or another person his household or on the premises with his consent; or
(6) The dwelling unit and other property and facilities used by or affecting the use and enjoyment of the
tenant were on the date of filing of such complaint or request in full compliance with all codes, statutes and
ordinances; or
(7) The landlord has in good faith contracted to sell the property, and the contract of sale contains a
representation by the purchaser corresponding to (2), (3) or (4) above; or
(8) The landlord is seeking to recover possession on the basis of a notice to terminate a periodic tenancy,
which notice was given to the tenant previous to the complaint or request of subsection (a).

(c) Any tenant from whom possession has been recovered or who has been otherwise involuntarily
dispossessed, in violation of this section, shall be entitled to recover three (3) months’ rent or threefold the
damages sustained by him, whichever is greater, and the cost of suit, including a reasonable attorney’s fee.

(d) Notwithstanding subsection (a), the landlord may increase rent if:
(1) The dwelling unit and other property and facilities used by and affecting the use and enjoyment of the
tenant were on the date of filing of such complaint ore request of subsection (a) in full compliance with all
codes, statutes and ordinances; or
(2) The landlord has become liable for a substantial increase in property taxes, or a substantial increase in
other maintenance or operating costs not associated with his complying with the complaint or request, not less
than four (4) months prior to the demand for an increase in rent; and the increase in rent does not exceed the
prorated portion of the net increase in taxes or costs; or
(3) The landlord has completed a substantial capital improvement of the dwelling unit or the property of
which it is a part not less than four (4) months prior to the demand for increased rent, and the increase in rent
does not exceed the amount which may be claimed for federal income tax purposes as a straight-line
depreciation of the improvement, prorated among the dwelling units benefitted by the improvement; or
(4) The complaint or request of subsection (a) rates only to a condition or conditions caused by the want of
due care by the tenant or another person of his household or on the premises with hiss consent; or
(5) The landlord can establish, by competent evidence, that the rent now demanded of the tenant does not
exceed the rent charged other tenants of similar dwelling units in his building or, in the case of a single-family
residence or where there is no similar dwelling unit in the building, does not exceed the market value of the
dwelling unit.
(Ord. of 6-9-77, § 7.07)