On the other hand, licenses do not always require a written agreement to be binding. In fact, a license can be granted to a party without any of the parties ever meeting. For example, if you buy a ticket to a sporting event, the purchase of that ticket allows you to enter a sports center and use a seat in that place for a certain period of time. You have not met the owner of the seat, but the purchase of the ticket is a binding agreement between you and the owner. You will be allowed to use the seat, but you do not have the seat and there are certain rules that you must follow regarding your behavior in that seat if you wish to comply with the terms of the license. Leases and licenses give permission to use another person`s country or real estate for specified periods of time. They can cover a long time, but can eventually end. Each has different provisions and has a different relationship between property users and property owners. Tenant under rental agreement: a rental agreement grants the tenant an exclusive right of ownership and is therefore not suitable for co-occupation / occupation. The difference between leasing and licensing is the difference between two different legal concepts that relate to a person`s obligations and rights in a contract. Read 3 min However, the use of a license agreement instead of a rental agreement will not totally exclude all the possibilities of disputes between the owner licensor and the tenant licensee.
Whether the „mutual aid“ used was peaceful (and therefore legitimate) or violent (and therefore illegal) is always a possible subject of contention. However, in the event of a valid licence agreement, the owner`s licensor is not obliged to reinstate the returned licensee on the premises, even if it turns out that the mutual assistance used was violent and insatiable. In New York, the licensee`s only remedy is the triple compensation provided by RPAPL § 853 for violent evictions. In the meantime, the owner`s licensor is free, before a court judgment, to continue to authorize the use of the premises to another licensee. It is therefore necessary to carefully draw up appropriate licensing agreements and, to this end, to establish close cooperation between lawyers and their clients wishing to establish a licensing regime. Communication with the client about the risks and benefits of using a licensing regime is essential. In addition, lawyers must pay close attention to the client`s objectives and determine the initial fees that the client is willing to accept to provide the type of „full service“ agreement that goes through a court`s „licensing test“. Self-help is not available to New York owners who reserve the right to use them in their rental agreements. However, courts are generally hostile to the mutual assistance of a lessor and do not allow its use when the rental conditions are unclear or when there is a factual question as to whether or not the lease expires. In addition, if a tenant is evicted from the property by real estate means by force or other illegal means, the tenant can recover three times as much damage from the landlord under New York Real Property Action and Proceeding Law („RPAPL“) §853 and may also repossess if ejected before the end of the rental period. Only when a court finds that repossessing the tenant would be „unnecessary“ because the landlord will eject the tenant in a summary proceeding is it unlikely that the court will order the tenant to restore the premises. In these circumstances, the owner-licensor may consider, depending on the nature of the damage detectable by the former licensee, that what is only a possible but unsafe triple judgment, as activity costs much less painful than the sum of all the costs normally related to an owner-tenant dispute.
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