Lаrry leаsed а cоmmercial building tо Tоny for five years. Rent was payable on the first day of each month, and Larry retained the right to terminate the lease if Tony defaulted. The lease term ended eighteen months ago. However, Tony has stayed in possession of the building and has continued to pay the rent on time. Larry has continued to accept the rent. The fair rental value of the building is now substantially more than what Tony has been paying, and Larry recently found a third party who will pay the higher rent. When Tony paid the rent six weeks ago, Larry accepted the rent but told Tony in writing that he had to vacate at the end of the month. Tony, who is still in possession of the building, has informed Larry that he does not want to move and is willing to pay the current fair rental value. Larry has asked his lawyer for advice regarding the right to possession. Who should the lawyer say is entitled to possession?