a. What is a notice to quit?
b. Why did Elwell serve Minor with a notice to quit?
c. Can a landlord begin eviction proceedings against a tenant for nonpayment of rent?
d. If that is the case, why did the court dismiss the case?
e. What is "use and occupancy"?
f. Isn't that the same thing as rent?
g. So, even though Minor did not pay her rent, or use and occupancy, Elwell's case was dismissed?
h. How is this result fair?
Winfield Elwell orally agreed to rent Lucille Minor an apartment on a month-to-month basis. The rent was $575, and four years later was increased to $625, and the next year was increased to $650. Minor tendered $625 and included a letter explaining that she did not want to pay the increased rent for September or October. Elwell rejected the payment, Minor then tendered a check a second time, and Elwell returned it.
Elwell told Minor to pay $650 or vacate. Minor did neither, so Elwell began eviction proceedings and served a Notice to Quit for non-payment of rent. At trial, Minor argued that non-payment of rent was an improper ground for evicting a tenant at sufferance, and asked the court to dismiss the case.