Real Estate License Agreement New York

Most important The right to license ownership is the right to revoke the licence “as it sees fit” and to use “self-help” to remove a defaulting licensee from the licensed premises, without months or years of long and frustrating litigation to recover possession of valuable real estate. 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. Leases generally grant exclusive participation in real estate. Tenants under lease agreements can count on hundreds of years of common law as well as the New York State statutes to protect their investments in the premises. Often cited, the maxim “law hates forfeiture” applies to leases, not licenses. Conversely, licensing agreements are akin to “personal privilege” and generally give the licensee only permission to use the premises or part of them, sometimes on a non-exclusive basis. Unlike rental real estate, licensees generally have the power to directly monitor the use of licensed premises. The courts have identified as leases licences for which one or more of these characteristics are either completely absent or not sufficiently re-re-elected to the powers of the licensee.

However, the less control the taker has, the more likely it is that the agreement is a licence, because a licence does not offer autonomy, but simply allows a party to “provide services within a company in premises owned by another company or operated by another, which has the power to oversee 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 damage that the lessor will probably suffer as a result of such a delay is multiple: the loss of rent, unpaid property taxes and legal fees. Added to this is the time and effort lost by the owner to challenge many unfounded and reckless claims before obtaining a final judicial decision on the appeal – often well after the expiry of the tenancy agreement itself and perhaps without recovery of its prejudice by a judgment tenant at the time. 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. A lease with another name is always a lease, unless it is a licence. Consult the Council to understand the difference and create a document that best preserves your rights and remedies. 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.


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