Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-132
Waiver of landlord’s right to terminate
Operative Text
Whenever the landlord accepts rent after learning of a breach or has accepted performance by the tenant which is at variance with the terms of the rental agreement or subsequent rules, he has waived his right to terminate the rental agreement on account of such breach or varying performance. (Ord. of 6-9-77, § 6.13)
Under Benton Harbor, MI Code of Ordinances § 20-132, a landlord who accepts rent or accepts a tenant's non-conforming performance after becoming aware of a lease violation or deviation from the rental agreement's terms is considered to have given up the right to terminate the tenancy based on that specific breach or variance. The rule reflects a legal principle that a party cannot knowingly benefit from a situation while simultaneously using it as grounds for termination. This waiver applies to the particular breach or varying conduct that the landlord was aware of at the time of acceptance.
Plain English — not legal advice.
Property owners and managers operating under § 20-132 of the Benton Harbor Landlord-Tenant Code should be aware that accepting rent or other performance from a tenant after discovering a lease violation can extinguish the right to terminate the tenancy on the basis of that violation. Compliant operators generally document lease breaches promptly and take consistent action rather than accepting payment or performance that conflicts with the lease terms. Maintaining clear records of when a breach was discovered and what actions were taken in response is a practice commonly associated with preserving termination rights.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-132 of the Benton Harbor Landlord-Tenant Code provides tenants with a meaningful protection: if a landlord accepted rent or non-conforming performance while knowing about an alleged lease violation, that landlord may have waived the right to terminate the tenancy on that ground. Tenants who receive a termination notice related to a breach for which the landlord previously accepted rent may have grounds to raise this waiver as a defense in any resulting legal proceeding. Tenant-rights organizations or legal aid services familiar with Benton Harbor ordinances can help tenants understand how this provision may apply to their circumstances.
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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