Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-129
Termination of tenancy; holdover remedies
Operative Text
(a) When the tenancy is month to month, the landlord or the tenant may terminate upon his notifying the other at least one month in advance of the anticipated termination. (b) When the tenancy is less than month to month, the landlord or the tenant may terminate upon his notifying the other at least the number of days equal to the period of the tenancy before the anticipated termination (c) Whenever the term of the rental agreement expires, whether by passage of time, by mutual agreement, by the giving of notice as provided in (a) or (b) above, or by the exercise by the landlord of a right to terminate given him under any section of this article if the tenant continues in possession of the premises after the date of termination without the landlord’s consent, such tenant shall pay to the landlord a sum not to exceed twice the monthly rental under the previous agreement, computed and prorated on a daily basis, for each day he remains in possession for any period up to one month. If the tenant remains in possession for a period greater than one month, he shall be liable to the landlord for a sum equal to the average monthly rental under the previous rental agreement for each additional month or fraction thereof. The landlord may commence summary proceedings for the recovery of possession at any time during the first sixty (60) days of holdover. Possession thereafter shall create a month-to-month tenancy absent an agreement between the parties to the contrary at the time of such acceptance. (Ord. of 6-9-77, § 6.10)
Under Benton Harbor, MI Code of Ordinances § 20-129, the rules for ending a tenancy depend on how frequently rent is paid: month-to-month tenancies require at least one month's advance notice from either party, while shorter-term tenancies require notice equal to the length of the rental period. If a tenant remains in the rental unit after the tenancy has ended without the landlord's consent, the tenant may owe up to twice the daily prorated monthly rent for up to the first month of holdover, and the equivalent of the average monthly rent for each additional month or fraction thereof. After sixty days of holdover, continued acceptance of the tenant's presence by the landlord can convert the arrangement into a new month-to-month tenancy unless the parties agree otherwise.
Plain English — not legal advice.
Under § 20-129 of the Benton Harbor Landlord-Tenant Code, compliant operators generally provide written notice of termination that meets the minimum advance-notice periods — one full month for month-to-month arrangements, or a period matching the tenancy length for shorter terms. When a tenant remains in possession past the termination date without consent, operators typically document the holdover period carefully, as the recoverable amount is capped at twice the prorated daily rent for the first month and the average monthly rent for subsequent months. Landlords who wish to pursue recovery of possession generally initiate summary proceedings within the first sixty days of holdover, since allowing possession beyond that window may inadvertently create a new month-to-month tenancy under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-129 of the Benton Harbor, MI Code of Ordinances establishes that tenants have a right to receive advance notice before a landlord terminates a tenancy — at least one month for month-to-month arrangements, or a period equal to the tenancy length for shorter terms. Tenants who remain in a unit past the end of a tenancy without the landlord's consent should be aware that holdover charges are subject to specific caps under this provision, and that after sixty days of holdover, continued occupancy may give rise to a new month-to-month tenancy. Tenants who believe notice requirements were not properly followed or that holdover charges exceed what the ordinance allows may consider consulting a tenant-rights organization or reviewing the full Benton Harbor Landlord-Tenant Code for guidance on available remedies.
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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