1002. Landlord's application for possession.

Where a landlord's1 notice to resume possession2 has been served, and either:

  1.  

    (1)     the tenant3 elects to retain possession4; or

  2.  

    (2)     at the end of the period of two months after the service of the landlord's notice, the qualifying condition5 is fulfilled as respects the tenancy6,

the landlord may apply to the court