METRO MANAGEMENT CO. v. PARKER

I respectfully dissent from the majority’s conclusion in this case that summary judgment was correctly granted in favor of the tenant solely because the landlord did not actually terminate the lease prior to making demand for possession. I completely agree with the majority’s recitation of the established principle that a demand for possession is a condition precedent to the right of the landlord to commence proceedings against the tenant holding over under Title 61 of the Code. Here there is no dispute over the fact that the landlord made proper demand for possession prior to instituting the…