Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-98
Unconscionability
Operative Text
If the court finds that the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this article or under a rental agreement, to have been unconscionable when made, the court may grant the following relief: (1) Nonenforcement; or (2) Nonenforcement of the unconscionable provision only; or (3) Limit the application of any provision to avoid an unconscionable result. (Ord. of 6-9-77, § 2.27)
Section 20-98 of the Benton Harbor Landlord-Tenant Code addresses situations where a rental agreement—or a settlement waiving rights under that agreement or the ordinance—was fundamentally unfair at the time it was made. Under this provision, a court that finds such unconscionability has three potential remedies available: it may refuse to enforce the entire agreement, refuse to enforce only the offending clause, or narrow the application of a clause to prevent an unjust outcome. The provision applies equally to original lease terms and to later settlements in which a party gives up rights.
Plain English — not legal advice.
Operators subject to the Benton Harbor Landlord-Tenant Code, including § 20-98, should be aware that lease clauses or settlement terms that are grossly one-sided at the time of signing may be found unconscionable by a court and rendered unenforceable in whole or in part. Compliant operators generally review lease provisions to ensure they reflect a fair exchange of rights and obligations and do not strip tenants of protections guaranteed by the ordinance. Keeping lease language clear, balanced, and consistent with the ordinance reduces the risk that any individual clause could be singled out for nonenforcement under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-98 of the Benton Harbor Landlord-Tenant Code gives courts the authority to refuse to enforce a rental agreement or settlement that was unconscionable when it was made, which can be a meaningful protection for tenants who signed agreements under unfair conditions. Tenants who believe a lease clause or a settlement waiving their rights under the ordinance was grossly one-sided may be able to raise unconscionability as a defense or claim in court proceedings. Tenant-rights organizations and legal aid services can help individuals understand whether this provision may be relevant to their circumstances and what general options exist for raising it.
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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