If you are unable to determine if your contract is a lease or a license, an experienced owner-tenant lawyer can help. You can`t transfer a license. For example, the next door neighbour gives you permission to climb on the tree. You cannot give Susie permission to climb the tree for you. Susie can only climb the tree if the neighbour has given her the license. Clarifying the practical difference between a lease and a license could help you determine your rights and obligations and avoid costly litigation in the long run. His Honour therefore recognized that language has the potential to mislead – certain terms may be accepted, sometimes unconsciously, sometimes with the deliberate intention of concealing the true nature of the parties` agreement and circumventing the legal implications that flow from it. Tenants under a rental agreement: As agreed, a rental agreement allows the tenant to « exclusively own » the premises, including the right to designate an unauthorized visitor. This means that the tenant may have an action at fault against the landlord if he enters the property without the tenant`s consent and without authorization, according to the terms of the tenancy agreement.
To determine the difference between a license and a lease, we look: so, if there is no written agreement, you may be dealing with a lease agreement. But just because an agreement contains the above details doesn`t mean it`s a default rental. To do so, primary control of what is done on the land must be in the hands of the tenant and not the landlord. It should also be noted that a lease cannot be revoked by the landlord until it is extended until any other conditions have been breached. On the other hand, licenses can be revoked at any time. However, the use of a licensing agreement instead of a lease agreement does not completely exclude all possibilities of a dispute between the owner-conedantle and the licensee. Whether the « self-help » used was peaceful (and therefore legal) or forced (and therefore illegal) is always a possible contentious issue. However, if there is a valid licensing agreement, the owner licensee is not required to reinstate the deposed licensee on the premises, even if it turns out that the self-help used is binding and un pacified. In New York, the licensee`s only recourse is the triple damages that RPAPL 853 provides for violent ejection. In the meantime, the owner`s licensee is free, before a court ruling, to re-elect the use of the premises to another licensee.
When a landowner, although a registered contract, grants a tenant certain rights to his property for a specified period of time, in return for the payment of the rent, this agreement is referred to as legal leasing.