“A notice by a landlord to a tenant that if he continues to occupy the premises beyond the present term he must pay an increased rent, naming the sum, will not bind the tenant, although he holds over, unless the tenant expressly or impliedly consents to such increase of rent. Such assent will be implied, however, where a tenant, holding over after his lease, remains in possession after notice from the landlord that a greater rent than that stipulated in the lease will be required, and to that extent the old lease will not apply. And this is true, although the tenant objects to the new condition. Rut when the tenant protests against the increase and explicitly refuses to pay it, he cannot be held liable therefor merely by the act of holding over, since no new agreement can be implied. The notice of such increase of rent required to be given the tenant should be in writing, and served before the commencement of a new term. Acceptance of rent at the original rate operates as a waiver of the notice in respect to the increase.”