Home / Published Articles / Tenant Licensed, Licensed, Licensee,Licensee, New York Eviction Procedure, Leasing, Good Faith Licensing Agreement/ Licensing Agreement in place of a lease may require a licence such as a lease agreement (or “licence fee”) that must be paid for a fixed term, while the purchaser generally authorizes the use of the property for a defined use, usually short, while a lease is generally valid for a fixed period. 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. Unlike a license that offers little security to a licensee, a lease agreement grants a number of rights and obligations under the Landlords and Tenants Act 1954, unless this is excluded from the lease (which is quite usual). If this is not excluded, the rental contract automatically contains strict procedures that must be followed to distribute a tenant. A tenant`s activity cannot be completed even after the tenancy period has expired, unless the lessor can successfully prove one or more limited legal grounds for withdrawal. A few years ago, I met one of New York`s real estate legends and the general of his company. He was concerned about the New York eviction process – the loss of rental income, wasted legal fees and the incredible delay between a tenant`s default and actual eviction. Learn more about how owners can start here licenses instead of renting, how owners can start.
Of course, the owner`s licensee should take all necessary precautions to ensure that self-help has always been carried out in a “peaceful” manner and without any real possibility of determining it later, “by force”. Indeed, there are several well-known “peaceful” self-help techniques, used by both donors and licensees, who have joined the courts, and which should always be used to minimize the risk of a judicial investigation of a “forced” ejections. It is therefore necessary to draft appropriate licensing agreements carefully and, to that end, there must be close cooperation between lawyers and their clients who wish to set up a licensing system. Communication with the customer about the risks and benefits of using a licensing system will be essential. In addition, lawyers must consider the client`s objectives and determine the initial cost that the client is willing to accept to offer the type of “full service” agreement that will pass the “licensing test” of a court.