To obtain the benefit of a licensing agreement, the owner must ensure that his agreement with the potential user of the site is in fact a license and not a rental contract. This is not necessarily an easy task to accomplish. If the agreement is referred to as a « licence, » it will not. Whether an agreement is considered a licence and not a lease agreement depends on the fact that the three essential features of a real estate licence are included in the agreement: 1) a clause allowing the licensee to revoke « as he sees fit »; 2) the maintenance of absolute control of the premises by the licensee; and 3) the provision to the licensee of all essential services necessary for the authorised use of the premises by the taker. For some of its buildings, it has unveiled a new type of office space for smaller tenants who need smaller spaces. According to his design, a tenant would have a particular office and share a photocopier, fax machine, kitchen and conference rooms. Furniture, carpet, telephones, computers and coffee would be provided by the owner. The rooms would be pre-built. The tenant would only have to bring a pencil to work. The Advocate General requested the use of a licensing agreement where he could modify the locks or, in this case, eliminate the key cards at the termination of a tenant`s payment. Our company`s mission was to develop an enforceable licensing agreement that provides for self-help without having to resort to litigation. This article explains the licensing agreement – its limitations and powers. It also dissects and explains when and how to use a licensing agreement, and the ability to help itself properly.
Subject to the terms of the contract, a lease agreement is not revocable by the owner. If you have a one-year lease, the landlord cannot revoke your right to the land after six months without breaking the contract. However, a license may be revoked. In this case, the next door neighbour can tell you at any time that you can no longer climb his tree. 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. Self-help is not available to New York homeowners who reserve the right to use it in their leases. However, courts are generally hostile to the use of a lessor`s self-help and will not allow its use if there is a blurring of the lease conditions or if there is a factual question as to whether the lease has expired or not. In addition, if a tenant is evicted from the property by force or other illegal means, the tenant may, under the New York Real Estate and Procedural Actions Act 853 (« RPAPL »), recover three damages from the lessor and be returned to possession if he is rejected before the expiry of the tenancy period.