1036. Tenant not ordered to give up possession.

Where the landlord1 is entitled to make an application for possession2 but does not obtain an order3 for possession4, then, if:

  1.  

    (1)     at the expiration of the period within which such an application may be made, the landlord has not made such an application, the landlord's notice to resume possession5, and anything done in pursuance of that notice, ceases to have effect6;

  2.  

    (2)     before the expiration of that period, the landlord has made such an application but the result of the application, at the time when it is finally disposed of7, is that no order is made, the landlord's