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45. What is the most likely reason for the court's decision?
On July 1, the tenant was still in possession, nothing had changed, and the landlord brought an appropriate action for possession. The tenant prevailed.
On May 7, immediately following the court order in the tenant's favor, the landlord served the tenant with a written but not notarized notice to terminate the tenancy and to vacate the apartment on or before June 30.
A landlord leased an apartment to a tenant on a month-to-month basis beginning on the first of the month, with rent payable monthly. Five months into the lease, the tenant failed to pay rent. The landlord then sued the tenant for possession for nonpayment of rent. The tenant successfully defended this suit on the ground that the apartment was uninhabitable and that, accordingly, no rent was properly payable.
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A is incorrect. Typically, termination of a periodic tenancy requires a period of notice at least equal to the length of one period, unless otherwise agreed upon. Here, a six-month notice is possible but retaliatory eviction is a more compelling reason for a court to find for the tenant.
B is incorrect. A notarized notice of termination is not required.
D is incorrect. A period of time of notice of termination longer than one of the periods in a periodic tenancy is not improper.