Simmons v. . Jarman

Citations

• 29 S.E. 332
• 122 N.C. 195
• 1898 N.C. LEXIS 224

Syllabus

<p>Landlord and Tenant — Tenant From Month to Month— Notice to Quit.</p> <p>1. Where a tenant, under a lease for the year 1890 at a specified price per month, payable in advance, held until June, 1897, and the landlord received rent up to June, 1897, Held, that the tenancy was from month to month in 1897.</p> <p>2. Where a tenant from month to month, who had paid his rent to June 1st, 1897, received a notice from his landlord on May 18, 1897, “to get out within thirty days;” Held, that such notice was invalid as to May, as the rent had been paid, and as to June because the prescribed time for quitting did not end with the end of the month. (Section 1750 of The Code.)</p> <p>3. Where a tenant from month to month agrees to pay monthly in advance but there is no condition of forfeiture in the event the rent is not so paid, the 'landlord cannot turn the tenant out for nonpayment of rent.</p>