A rent increase will also effectively terminate the tenancy at will, and a new one is created if the tenant starts paying the new rent. An assignment of their leasehold interest by the tenant also terminates the tenancy at will, however, most courts hold that sub-leasing does not terminate. Under his right to that election, the landlord can bind the holdover tenant to an entire new term. Most states allow the landlord's option even though the tenant has no desire to remain for an entire additional term. The law generally gave the landlord the right to bind the tenant for an entire new term no matter the reason for holdover.
Modern courts are, however, more sympathetic and lenient toward tenants.
Although, the landlord's right to elect a new term is preserved, the courts recognize extenuating circumstances , particularly for only short holdover periods. But an oral notice will also usually be sufficient. Furthermore, if the tenant pays rent for the premises for the time following termination, and the landlord accepts this rent, he will probably be deemed to have elected to hold the tenant for another term. They are also in dispute as to the length of the term or period. Most courts have held that a periodic tenancy is created with the period determined by the way rent was calculated under the original lease.