Benton Harbor, MI Code of Ordinances Ch. 20 Art. V Landlord-Tenant Code §§ 20-88 – 20-164 § 20-126
Tenant to use and occupy
Operative Text
Unless otherwise agreed, the tenant shall occupy the rented premises as his abode and shall continue to occupy until the end of the agreed term. The landlord may also require, in the rental agreement, that the tenant notify him of any anticipated extended absence from the premises no later than the first day of such absence. This section shall have no effect except as between parties. (Ord. of 6-9-77, § 6.07)
Section 20-126 of the Benton Harbor Landlord-Tenant Code establishes that, absent a different agreement, a tenant is expected to use the rented unit as their primary residence and to remain there through the end of the lease term. A rental agreement may also include a clause requiring the tenant to give the landlord advance notice—no later than the first day of the absence—if the tenant plans to be away for an extended period. Importantly, this provision applies only between the parties to the rental agreement and does not create rights or obligations for anyone outside that relationship.
Plain English — not legal advice.
Under § 20-126 of the Benton Harbor Landlord-Tenant Code, compliant operators generally ensure that their rental agreements reflect the occupancy expectations established by this provision, including any extended-absence notification requirement they wish to enforce. If a landlord wants the right to receive advance notice of a tenant's prolonged absence, that requirement must be expressly written into the rental agreement—it does not arise automatically. Because this section operates only between the contracting parties, landlords typically rely on clear lease language to define and document these expectations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 20-126 of the Benton Harbor Landlord-Tenant Code means that, unless your lease says otherwise, you are generally expected to occupy the rental unit as your home for the duration of the lease term. If your lease includes an extended-absence notification clause, you would be bound by whatever notice timeline is specified—typically no later than the first day of the absence. Tenants who have questions about how this provision interacts with their specific lease terms may find it helpful to review their rental agreement carefully or consult a local tenant-rights organization familiar with Benton Harbor's Landlord-Tenant 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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