Homer and Purcell entered into a valid, enforceable written contract by which Homer agreed to sell and Purcell agreed to purchase Blackacre, which was Homer's residence. One of the contract provisions was that after closing, Homer had the right to remain in residence at Blackacre for up to 30 days before delivering possession to Purcell. The closing took place as scheduled. Title passed to Purcell and Homer remained in possession. Within a few days after the closing, the new house next door which was being constructed for Homer was burned to the ground, and at the end of the 30-day period Homer refused to move out of Blackacre; instead, Homer tendered to Purcell a monthly rental payment in excess of the fair rental value of Blackacre. Purcell rejected the proposal and that day brought an appropriate action to gain  immediate possession of Blackacre. The contract was silent as to the consequences of Homer's failure to give up possession within the 30-day period, and the jurisdiction in which Blackacre is located has no statute dealing directly with this situation, although the landlord-tenant law of the jurisdiction requires a landlord to give a tenant 30 days notice before a tenant may be evicted. Purcell did not give Homer any such 30-day statutory notice. Purcell's best legal argument in support of his action to gain immediate possession is that Homer is a
trespasser ab initio. licensee. tenant at sufferance. tenant from month to month