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$$s residence. One of the contract provisions was that after closing, Homer had the right to remain in residence on Blackacre for up to $30$ days before delivering possession to Purcell. The closing took place as scheduled. Title passed to Purcell and Homer remained in possession. At the end of the $30-$day period Homer refused to move out of Blackacre. Instead, Homer tendered to Purcell a monthly rental payment in excess of the fair rental value of Blackacre. Purcell rejected the payment and that day brought an appropriate action to gain immediate possession of Blackacre. The contract was silent as to the consequences of Homer$$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. 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