Hendrix v. Simpson

Where in a summary proceedings by a landlord to disposses a tenant as holding over and beyond his term, which is denied by the tenant’s counter-affidavit, the only evidence of the nature of the tenancy is that the premises were rented “by the month” with the rent payable on the first of each month in advance, and the record is silent as to the duration of the tenancy, the law will construe the tenancy to be for the calendar year and not a tenancy at will (Code § 61-104; Metzer v. Connally Realty Co., 203 Ga. 15, 45 S. E. 2d, 199; Bowman v. Shroder, 77 Ga. App. 385, 48 S. E. 2d, 682); and, a…