, and
cannot be released from the consequences.

2700. THE RELATIONS OF LANDLORD AND TENANT are most important to both
parties, and each should clearly understand his position. The proprietor
of a house, or house and land, agrees to let it either to a
tenant-at-will, a yearly tenancy, or under lease. A tenancy-at-will may
be created by parol or by agreement; and as the tenant may be turned out
when his landlord pleases, so he may leave when he himself thinks
proper; but this kind of tenancy is extremely inconvenient to both
parties. Where an annual rent is attached to the tenancy, in
construction of law, a lease or agreement without limitation to any
certain period is a lease from year to year, and both landlord and
tenant are entitled to notice before the tenancy can be determined by
the other. This notice must be given at least six months before the
expiration of the current year of the tenancy, and it can only terminate
at the end of any whole year from the time at which it began; so that
the tenant entering into possession at Midsummer, the notice must be
given to or by him, so as to terminate at the same term. When once he is
in possession, he has a right to remain for a whole year; and if no
notice be given at the end of the first half-year of his tenancy, he
will have to remain two years, and so on for any number of years.

2701. TENANCY BY SUFFERANCE.--This is a tenancy, not very uncommon,
arising out of the unwillingness of either party to take the initiative
in a more decided course at the expiry of a lease or agreement. The
tenant remains in possession, and continues to pay rent as before, and
becomes, from sufferance, a tenant from year to year, which can only be
terminated by one party or the other giving the necessary six months'
notice to quit at the term corresponding with the commencement of the
original tenancy. This tenancy at sufferance applies also to an
under-tenant, who remains in possession and pays rent to the reversioner
or head landlord. A six months' notice will be insufficient for this
tenancy. A notice was given (in Right v. Darby, I.T.R. 159) to quit a
house held by plaintiff as tenant from year to year, on the 17th June,
1840, requiring him "to quit the premises on the 11th October following,
or such other day as his said tenancy might expire." The tenancy had
commenced on the 11th October in a former year, but it was held that
this was not a good notice for the year ending October 11, 1