196. Determination of tenancy at will.

A tenancy at will is determinable by either party on his expressly or impliedly intimating to the other his wish that the tenancy should be at an end1. Until such an intimation is given, the tenant is lawfully in possession; and accordingly the landlord may not recover the premises in a claim for recovery of land without a previous demand for possession2 or other determination of the tenancy. A demand for possession by the landlord which determines the tenancy at will is not the same as a notice to quit; and the issue of a possession claim is a