The owner of a house purchased a new home but decided to keep his old residence for a few months until the real estate market improved. He rented it to a tenant with the understanding that the tenant might have to move out in a few months if the house was sold. The tenant paid the owner the agreed rent of $100 per week every Friday.

During the next few months, the owner's business suffered serious setbacks, so he decided to sell his new home and move back into his old one. He informed the tenant that he (the tenant) would have to vacate the old home, but the tenant refused to vacate and tendered the $100 rental payment the following Friday, which the owner refused to accept.

The owner immediately filed suit to eject the tenant. The jurisdiction requires that a statutory written notice be served on any tenant whose term is for less than month-to-month or is not for a fixed term at least three days prior to commencement of eviction proceedings. No written notice of any kind was given to the tenant.

How should the owner characterize the tenant (i.e., what is the owner's best argument) to gain immediate possession of his home? (Hint: think "outside the box"). Conclude and explain why. Make sure to provide the rule and apply the law to the facts.