Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-92

Unless the editorial context specifically indicates an obviously different or modified use of the terminology
contained herein, the following definitions shall apply in the interpretation of this article:

Action includes recoupment, counterclaim, setoff, suit in equity, and any other proceeding in which rights are
determined, including an action for possession.

Apartment building is any structure containing one or more dwelling units except:
(1) A single-family residence;
(2) A structure in which all tenants are roomers or boarders.

Appropriate authority shall mean that person with the governmental structure of the corporate unit who is
charged with the administration of the appropriate code.

Approved shall mean approved by the local or state authority having such administrative authority.

Bed and breakfast shall mean a use which is subordinate to the principal use of a dwelling unit as a single-
family dwelling unit and a use in which transient guests are provided a sleeping room. In addition, in return for
payment, a continental breakfast, limited to only coffee, juice, tea, milk and commercially prepared sweet rolls,
may be provided.

Common area includes a part or area of the premises not within any dwelling unit.

Dwelling or dwelling unit shall mean any house, building, structure, tent, shelter, trailer, or vehicle, or portion
thereof, or a combination of related structures and permanent fixtures, operated as a single entity, which is
occupied in whole or part as the home, residence, living or sleeping place of one or more human beings, either
permanently or transiently.

Fair rental value means the prevailing value for comparable units in the city.
Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving
and non-consumption of food.

Guest shall mean an individual who shares a dwelling unit in a nonpermanent status for not more than thirty
(30) days.

Infestation shall mean the presence within or around a dwelling of any insect, rodents or other pests.

Landlord shall mean the owner, the owner’s agent lessor or sub lessor of the dwelling unity or the property of
which it is a part and, in addition, means any person authorized to exercise any aspect of the management of the
premises except those persons engaged solely in custodial and maintenance functions.

Lead-based paint shall mean any paint containing more lead than the level established by the U.S. Consumer
Product Safety Commission as being the “safe” level of lead in residential paint and paint products.

Lease or rental agreement shall mean and include any and all agreements, written or oral, which establish or
modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a
dwelling unit.

Multiple dwelling shall mean any dwelling containing more than two (2) dwelling units.

Occupant shall mean any individual, over one year of age, living, sleeping, cooking, or eating in or having
possession of a dwelling unit or a rooming unit; except that in dwelling units a guest shall not be considered an
occupant.

Owner shall mean any person who, along or jointly or severally with others:
(1) Shall have legal title to any premises, dwelling or dwelling unit, without accompanying actual
possession thereof; or
(2) Shall have charge, care, or control of any premises, dwelling or dwelling unit, as owner or agent of the
owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus
representing the actual owner shall be bound to comply w with the provisions of this article and of rules and
regulations adopted pursuant thereto, to the same extent as if he were the owners.

Permissible occupancy shall mean the maximum number of individuals permitted to reside in a dwelling unit or
rooming unit.

Person includes an individual, corporation, government, or government agency, business trust, estate, trust,
partnership or association, two or more persons having a joint account interest, or any other legal or commercial
undertaking

Rat harborage shall mean any conditions or place where rats can live, nest, or seek shelter.

Refuse shall mean all putrescible and nonputrescible solids (except body waste) including garbage, rubbish,
ashes and dead animals.

Roomer/boarder shall mean a tenant occupying a dwelling unit:
(1) Which lacks at least one major bathroom or kitchen facility, such as a toilet, refrigerator, or stove;
(2) In a building:
a. Where one or more such major facilities are supplied to be used in common by the occupants of the
roomer’s or boarder’s dwelling unit and one or more other dwelling units; and
b. In which the landlord resides.
Rubbish shall mean nonputrescible solid wastes (excluding ashes) consisting of either:
(1) Combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
(2) Noncombustible wastes such as tin cans, glass and crockery.

Security deposit means a deposit, in any amount, paid by the tenant to the landlord or his agent to be held for the
term of the rental.

Single family residence is a structure maintained and used as a single dwelling unit. Notwithstanding that a
dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence
if it has direct access to a street or thoroughfare and shares neither heating facilities nor hot water equipment,
nor any other essential facility of service, with any other dwelling unit.

Tenant shall mean any person who occupies a dwelling unit for living or dwelling purposes with the landlord’s
consent.

Undefined works shall mean works not specifically defined in this article and shall have the common definition set forth in
a standard dictionary. (Ord. of 6-9-77, §§ 2.01 - 2.27; Ord. No. 578-87, 8-3-87_
Cross reference-Definitions and rules of construction generally, § 1-2.