As explained in Friedman On Leases, the difference between a lease agreement and a licence is as follows: In these circumstances, the owner`s licensee may consider, depending on the type of adverse damage of the former taker, what is merely a judgment of possible, but not sure, harm as a much less burdensome cost of activity than the sum of all costs normally related to a dispute between the lessor and the tenant. In addition, instead of losing income during the self-help dispute, the owner will effectively earn income from the payments of the new licensee of the premises. YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A RENTAL OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. The parties do not intend to create, through this agreement, a lease agreement or other interest in real estate for the benefit of the host. The host retains legitimate ownership and control of the space assigned to the customer. The host`s obligation to make the space and services available to the host is subject in all respects to the terms of the host`s rental agreement with the host`s owner, if any. This contract and the license granted under the license end at the same time as the termination of the host`s master-leasing or termination of the host`s operation for any reason, without charge or penalties to the host. You have no right to the host`s lease with its owner, if any. If this contract expires or is terminated earlier, your space occupancy license will be automatically revoked. You agree to remove your personal property and leave the space at the time of expiration or termination.
The host is not responsible for your personal property which will remain in the space after the expiry or termination. If you do not remove your personal property at the host`s choice, this personal property (a) is considered transferred to the host and is removed from the host or (b) from the host of the space at the host`s expense. Tenant lawyers whose clients are late can no longer delay an eviction decision by up to six months. If their license customers do not cure their standard, customers will be subject to the peaceful evacuation of self-help from licensed premises quickly and easily. Owners will no longer assiduously forego outstanding income and funds to ensure the recovery of ownership of the premises at any given time. The bargaining leverage will shift in favour of the owner-conedant, who will either be able to demand the full payment of the defaulting licensee if he wants to avoid deportation, or to demand the peaceful detention of the premises with the full support of the law. For owners frustrated with the good facts and real estate with the latest computer entry systems, this is a long-awaited revolution. 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. 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.