Barton v. MTB Enterprises, Inc.

OPINION

BILLINGS, Judge:

Richard Barton (Barton) appeals the summary judgment in favor of appellee MTB Enterprises, Inc. (MTB). Barton contends the trial judge erroneously determined as a *477matter of law that service of a notice to pay or quit upon a tenant who is not in arrears, and who vacates the premises, does not constitute a constructive eviction. We affirm.

FACTS .

The parties entered into an oral lease in May 1991, whereby Barton leased property from MTB to conduct a retail business. By its terms the lease was for a month-to-month tenancy. When the lease was signed, Barton paid MTB $10,500…