There is at common law no liability for rent on the part of a tenant wrongfully holding over. This, it has been said, is "because it was the folly of the owners to suffer them to continue in possession after the determination of the preceding estate,"26 but a more satisfactory reason is that an obligation to pay rent is the result of a contract or reservation, and there is ordinarily no contract to pay rent after the term, nor a reservation of rent then to accrue.27 It is only by means of a new agreement between the landlord and the tenant, in effect a renewal of the lease, or by means of the application of the doctrine, before referred to, of the landlord's option, as against the tenant wrongfully holding over, to assert a renewal of the tenancy, that the tenant can be subjected to liability as for rent accruing after the expiration of the original term.

It has been frequently decided that a tenant holding over without permission is liable in assumpsit for use and occupation for such period as he so holds over,28

28, 44 L. R. A. 703, 50 Am. St. Rep. 517, 53 N. E. 700.

23. Regan v. Fosdick, 19 N. Y. Misc. 489, 43 N. Y. Supp. 1102.

24. Mason v. Wierengo's Estate, 113 Mich. 151, 67 Am. St. Rep. 461, 71 N. W. 489.

25. Bacon v. Brown, 9 Conn. 334; Sullivan v. George Ringler & Co., 59 N. Y. App. Div. 184, 69 N. Y. Supp. 38; Id., 171 N. Y.

693, 64 N. E. 112G; Haynes v. Al-drich, 133 N. Y. 287, 28 Am. St. Rep. 636. 31 N. E. 94; Campau v. Michell, 103 Mich. 617, 61 N. W. 890.

26. Finch's Case, 2 Leon. 143; 1 Cruises' Dig., tit. 9, c. 2, Sec. 5.

27. Hogsett v. Ellis, 17 Mich. 351.

28. Ibbs v. Richardson, 9 Ad. & El. 849; Leigh v. Dickerson, 15 and a like view has been asserted with reference to a lessee under a life tenant who holds over after the death of the latter.29 Such a liability has been imposed even when the tenant himself was not in possession, but the holding over was by a subtenant without the tenant's consent.30 Instead of bringing an action against the tenant holding over for the value of the use and occupation, the landlord may, at least after he has reentered,31 bring an action in tort, in the nature of an action for mesne profits.32

In England, by St. 4 Geo. 2, c. 28, a tenant who wilfully holds over after the end of his term and after demand and written notice is liable to the person entitled to possession at the rate of double the yearly value of the land. In a number of states there are somewhat similar statutes, and in some the tenant holding over is by statute liable for double rent, and occasionally for treble rent.33