Wachovia Bank & Trust Co., N.A. v. Rubish

EXUM, Justice.

Plaintiff, holder of legal title as trustee, seeks by this summary ejectment action to regain possession of premises currently possessed by defendant as lessee. Plaintiff asserts that defendant failed to give timely written notice of his intent to exercise his option to extend the lease; thus his refusal to surrender possession after the expiration of the last extension is an impermissible holding over. Defendant answers that the requirement of written notice had been waived by plaintiff’s predecessor in interest, that plaintiff had actual oral notice of his intent to renew, and…