Andriola v. Huber

This is an action for unpaid rent for the' month of November, 1943. The facts are practically undisputed. The tenant was in possession as a month-to-month tenant. He vacated during the month of October, 1943, without giving notice to the landlord.

The question squarely presented for consideration, therefore, in this case is: In a month-to-month tenancy is a tenant required, to give .the landlord thirty days’ notice of his intention to vacate ?

The decision of the court is that no notice is necessary, the plaintiff has no cause of action, and that judgment should be rendered for the defendant,…