Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-97
Separation rents and obligations to property forbidden
Operative Text
Any agreement, conveyance or trust instrument which authorizes a person other than the beneficial owner to act as the landlord of a dwelling unit shall operate, regardless of its terms, to authorize and require such person to use rents to conform with this article and any other law, code, ordinance or regulation concerning the maintenance and operation of the premises. (Ord. of 6-9-77, § 4.01)
Under Benton Harbor, MI Code of Ordinances § 20-97, when a legal arrangement—such as an agreement, conveyance, or trust—places someone other than the actual property owner in the role of landlord, that arrangement automatically carries with it the duty to apply rental income in compliance with the Landlord-Tenant Code and all other applicable laws, codes, ordinances, and regulations governing the maintenance and operation of the property. The provision prevents such instruments from being used to separate the collection of rent from the legal obligations that come with managing a dwelling unit. In other words, the structure of ownership or management cannot be used as a shield against compliance responsibilities.
Plain English — not legal advice.
Property owners and managers operating under § 20-97 should be aware that any trust, conveyance, or management agreement that places a non-owner in the landlord role does not relieve that person—or the arrangement itself—of the obligation to use rents in conformity with the Benton Harbor Landlord-Tenant Code and related regulations. Compliant operators typically ensure that whoever is designated as the acting landlord under such instruments is fully informed of and equipped to meet all maintenance and operational requirements. Structuring ownership or management arrangements in ways that attempt to separate rent collection from compliance obligations is not recognized as a valid defense under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-97 of the Benton Harbor Landlord-Tenant Code provides tenants with an important protection: even if a dwelling unit is managed by someone who is not the actual property owner—such as a trustee or an agent under a conveyance—that person is still legally required to apply rents in accordance with all applicable housing laws and maintenance standards. Tenants who believe their dwelling is not being properly maintained may have grounds to raise a violation of this provision regardless of how the landlord's authority is structured. Consulting a local tenant-rights organization or legal aid office can help tenants understand what enforcement paths may be available under this and related provisions of the Benton Harbor Code.
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.
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