Jett v. Wolfe

1. Under § 61-301 of the Code, before a tenant can be summarily dispossessed by his landlord of lands and tenements, for holding over and beyond his term or for failure to pay the rent when due, it must appear that a demand for the possession of the premises has been made upon him by his landlord or the landlord’s agent, and that he has refused or failed to vacate. The giving by the landlord or his agent to the tenant of two months’ notice, required to terminate a tenancy at will, is not such a demand for possession of the premises as will warrant the issuance by the landlord of a summary…