a congressman owned a building in a city. some years ago, a reporter, in a signed writing, entered a three-year lease agreement with the congressman. the reporter agreed to pay $1,200 monthly rent for the third-floor apartment in the congressman's building. the original three-year term has long since expired, but the reporter continued to pay his rent, and the congressman continued to accept it. when a flower shop opened in the adjacent building, the congressman's building became infested with ants. the reporter could not tolerate the ants, served notice on the congressman that he was moving to another city, and has not been heard from since. at common law, what remedy was available to the congressman before he accepted the first rental payment after the end of the initial three-year period?