Jamison v. S & H ASSOCIATES

TERRY, Associate Judge:

In this landlord-tenant case, the tenant appeals from an order striking his pleadings and entering judgment in favor of the landlord because the tenant failed to comply with a protective order. The tenant argues that the trial court erred in failing to consider his assertion that he did not waive his right to a notice to quit, despite the landlord’s contrary allegation in the complaint. We agree and reverse.

The landlord sued the tenant for possession of an apartment after the tenant had failed to pay rent for seven months. In the complaint, which was typed on a printed…