Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-108
Tenant may terminate at beginning of term
Operative Text
If the landlord fails to conform exactly to the rental agreement, or if there is a material noncompliance with any code, statue, ordinance, or regulation governing the maintenance or operation of the premises, the tenant may, on notice to the landlord, terminate the rental agreement and vacate the premises at any time during the first week of occupancy. The tenant shall retain this right to terminate beyond the first week of occupancy so long as he remains in possession in reliance on a promise, whether written or oral, by the landlord to correct all of any part of the condition or conditions which would justify termination by the tenant under this section. (Ord. of 6- 9-77, § 5.04)
Under Benton Harbor, MI Code of Ordinances § 20-108, a tenant who discovers that a landlord has failed to comply with the rental agreement, or that there is a material violation of a code, statute, ordinance, or regulation governing the premises, may end the tenancy by notifying the landlord and vacating during the first week of occupancy. This early-termination right extends beyond that first week if the tenant remains in the unit based on the landlord's promise—written or oral—to fix the problem or problems that would otherwise justify termination. The provision is designed to protect tenants who move in and promptly discover significant deficiencies, as well as those who stay in reliance on a landlord's repair commitments.
Plain English — not legal advice.
Property owners and managers operating under Benton Harbor, MI Code of Ordinances § 20-108 generally ensure that rental units fully conform to the rental agreement and all applicable maintenance and operation codes before a tenant takes possession. Compliant operators document the condition of the unit at move-in and avoid making unwritten or informal promises to correct deficiencies, since oral commitments to repair can extend a tenant's termination rights well past the first week of occupancy. Keeping written records of any repair timelines and fulfilling them promptly helps demonstrate good-faith compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-108 of the Benton Harbor, MI Code of Ordinances gives tenants the right to terminate a rental agreement and vacate during the first week of occupancy if the landlord has not complied with the rental agreement or if there is a material code or regulatory violation affecting the premises. Importantly, if a landlord makes a promise—even verbally—to correct the problematic conditions, a tenant who stays in reliance on that promise retains the right to terminate beyond the first week. Tenants who believe this provision applies to their situation may consider documenting all communications with the landlord, contacting a local tenant-rights organization for general information, or exploring whether the violation can be raised as a defense in any subsequent legal proceeding.
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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