The precise question presented by this appeal does not seem to have been before us heretofore. It is provided by section 2295, Carroll’s Kentucky Statutes, 1922, that if by contract a term or tenancy for a year or more is to expire on a certain day, by holding over beyond his term a tenant acquires no rights and assumes no liability during the ninety days succeeding the expiration of the term, during all of which time' he may be treated as a trespasser and ousted of possession by the landlord; but it is further provided that if he holds over more than ninety days, no action having been taken to oust him, the original lease thereupon thereby shall be extended in all its terms for an additional year from the expiration of the term, both landlord and tenant being bound. This statute, it seems to us, was enacted by the legislature to define and limit and control the common law principles in force on the subject. The respective rights of the landlord and tenant, in cases where the tenant held over, had been the source of much litigation at common law and evidently the statute was enacted for the purpose above indicated. It is insisted by appellee — and from his action in the matter it must have been the opinion of the court below — that where, as was done in this case, during the term of the original lease, the landlord notifies the tenant that the amount of the rent will be increased in a definite amount following the expiration of the lease, the tenant, by holding over and paying the rental at the increased rate, thereby accepts the landlord’s terms; and, although no new contract be executed by the parties, by holding over more than the ninety days fixed by our stat*292ute, and under the common law principles involved, the tenant becomes liable to the landlord for an additional year’s rent at the increased rate and has the right for that period of time to occupy the premises.