It is therefore necessary to carefully draw up appropriate licensing agreements and, to this end, to establish close cooperation between lawyers and their clients wishing to establish a licensing regime. Communication with the client about the risks and benefits of using a licensing regime is essential. In addition, lawyers must pay close attention to the client`s objectives and determine the initial fees that the client is willing to accept to provide the type of “full service” agreement that goes through a court`s “licensing test”. As explained in Friedman On Leases, the difference between a lease and a license is that the legal relationship between the owner and the owner of the property and a tenant, based on a lease agreement, is totally different from the legal relationship established by a license between the owner and the licensor and a licensee. On the other hand, in the case of a license agreement in good faith, the licensed tenant does not own property in the premises and is not entitled to ownership. The principles of the Common Law apply and the owner`s licensor has every right to use peaceful mutual assistance at any time to remove a licensee from the licensed premises for any reason or no reason. For some of its buildings, it has unveiled a new type of office space for small tenants who need smaller spaces. According to his design, a tenant would have a particular office and shared a photocopier, fax, kitchen, and conference rooms. Furniture, carpets, phones, computers and coffee would be provided by the owner.
The parts would be pre-secreted. The tenant would only have to bring a pencil to be able to work. General Counsel requested the use of a license agreement that would allow locks to be changed or, in this case, key cards to be turned off in the event of a tenant`s failure. The mission of our firm was to develop an enforceable license agreement that provides for mutual assistance without having to resort to litigation. This article explains the license agreement – its limitations and powers. It also dissects and explains when and how a license agreement is used and the ability to do self-help correctly. Owners must also make judgments about the commercial feasibility of obtaining licensees willing to accept license agreements with “after authorization” withdrawal clauses. The willingness of potential lessees to sign such agreements may depend on the nature of the premises made available by the owner for authorised use, for example. B if the licensed space is a warehouse, a desktop suite for multiple users, or a single storage space.
In order to attract licensees worried about making a significant investment in space subject to a revocable license, owners may create new financial incentives or incorporate into the agreement a mechanism to compensate a non-defaulting licensee for the remaining undepreciated value of its investment if the licensor invokes the “on-demand” clause of the agreement. Self-help is not available to New York owners who reserve the right to use them in their rental agreements. However, courts are generally hostile to the mutual assistance of a lessor and do not allow its use when the rental conditions are unclear or when there is a factual question as to whether or not the lease expires. In addition, if a tenant is evicted from the property by real estate means by force or other illegal means, the tenant may, according to the New Yorker Real Property Actions and Proceeding Law (“RPAPL”) §853, recover three damages from the landlord and also repossess if he is ejected before the end of the rental period. . . .