226. Dispensing with notice.

Failure for a long time to pay rent accruing under a yearly tenancy raises a presumption that the tenancy has been determined1. If, at the end of a year, the landlord accepts a new tenant, he dispenses with notice to quit by the previous tenant2 and may not sue the previous tenant for rent; but this is because there is a surrender by operation of law, and the immediate change of possession is an essential element of it