15 dezembro 2020
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. Does the document confer on the non-owner rights to the premises, such as. B, the right to make repairs or to be responsible for safety? Does the owner have to cancel before the contract is terminated? Does the document include a “healing period” in the event of a failure on the part of the non-due party? Is there a holdover rule in the document? If the answer to these questions is “yes,” it is unlikely that the agreement between the parties is a real license, even if the document is as such and is likely to be a lease. 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. 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. Learn more about how owners can use licenses rather than leases As a general rule, leases are entered into as licences for long periods of time and cannot be terminated at the owner`s will. Self-help, a means that can often be exercised on the will of the landlord in the context of a licensing agreement, is systematically reprehensible by the courts in a leasing relationship that sympathizes with the domination and control of a tenant`s space. Tenants who are under a tenancy agreement have detention rights; Licenses may be revoked at will when the licence`s validity period expires. The legal relationship between the landowner and a tenant resulting from a tenancy agreement is totally different from the legal relationship established by a license between the landowner and a licensee. Sometimes the courts have difficulty distinguishing between leases and licences. In Union Square Park Community Coalition, Inc. v. New York City Department of Parks and Recreation, the Court of Appeals of New York recently found that an agreement between the city and a seasonal restaurant in Union Square Park, which retained many features of a rental agreement, was in fact a license. At Lordi v.
Nassau County, the parties actually called the document a lease agreement, but the court, nevertheless, found it a license. 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. 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.