Since the licence is granted to certain persons designated as licensees, the licensee is no longer allowed to create a sublease. In addition, the use of premises, i.e. residential or commercial use, is decided from the outset and this use can no longer be changed by the licensee. If you don`t have a written agreement, you still have legal rights. Some rules apply even if they are not written. As an ephemeral comment, you always put in agreement all the people who occupy your property. They are therefore all jointly responsible for rent and compliance with conditions. As explained in Friedman On Leases, the difference between a rental agreement and a license is as follows: If the landlord accepts the rental of your rental for the dwelling in the property, every verbal agreement you have is considered a legal agreement. Do you give your property on rent? As a landlord, you want to make sure that the tenant you choose is the best of the lot you`ve interviewed.
The majority of landlords prefer a tenant who is actually and not ruthlessly willing to pay a higher rent. But what happens if your ratings go crazy? Landlord lawyers have either neglected or been too cautious to propose the use of licensing contracts for their clients. However, licensing agreements allow commercial landlords to completely eliminate the landlord-tenant ratio and thus avoid the burdens that often arise within the legal framework of traditional landlord-tenant procedures. If one of you wants to leave and tells the owner to terminate the contract, it can terminate the contract for everyone. Learn more about how owners can benefit from licenses rather than leases here Home/Published Articles/Tenant-Licensee, Licensee, Owner-Licensor, New York`s eviction process, landlord-tenant proceedings, bona fide license agreement / Using a License Agreement Instead of a Lease Courts have found licenses to be leases where any or more of these characteristics is either missing in the agreement altogether the more likely it is that, that the agreement is a license because a license does not offer autonomy, but simply allows a party to “provide services within a company that is carried out in premises owned by another company or operated by another, which has the power to control the mode of transfer of services.” Nevertheless, it was found that maintaining control of the prices charged by the licensee, the periods of operation in the space granted and even the choice of the taker`s staff did not guarantee that the agreement would be considered a licence and not a lease, since these controls “could not reasonably be required of a careful landlord vis-à-vis a leasing taker for [each business]. The agreement you have is very limited because you thought it was a simple license, so you cannot protect the usual conditions that normally protect an owner in an AST.