Subject to the terms of the contract, a lease agreement is not revocable by the owner. If you have a one-year lease, the landlord cannot revoke your right to the land after six months without breaking the contract. However, a license may be revoked. In this case, the next door neighbour can tell you at any time that you can no longer climb his tree. Under the agreement, Ms. Radich was granted the “unique and exclusive license and the privilege of providing the public with refreshment inputs… and continue to do business with a milk bar. Self-help is not available to New York homeowners who reserve the right to use it in their leases. However, courts are generally hostile to the use of a lessor`s self-help and will not allow its use if there is a blurring of the lease conditions or if there is a factual question as to whether the lease has expired or not. In addition, if a tenant is evicted from the property by force or other illegal means, the tenant may, under the New York Real Estate and Procedural Actions Act 853 (“RPAPL”), recover three damages from the lessor and be returned to possession if he is rejected before the expiry of the tenancy period. It is only when a court concludes that the tenant`s restoration would be “unnecessary” because the lessor will impose itself against the tenant in summary proceedings is unlikely that the court will order the tenant to restore the premises. “52. “Licence” defines: “When a person grants another person or a number of other persons the right to do or continue to do, on or on the recipient`s land, something which, in the absence of such a right, would be unlawful and such a right does not constitute relief or interest in the property, the right is classified as a licence.” Licensing, on the other hand, does not always need a written agreement to be binding. A licence may be granted to a party without any party ever meeting.

For example, if you buy a ticket to a sporting event, the purchase of that ticket allows you to enter a sports centre and use a seat there for a predetermined period. You have not met with the owner of the seat, but the purchase of the ticket is a mandatory agreement between you and the owner. You have permission to use the seat, but you do not have the seat and there are certain rules that you must follow regarding your behavior in that seat if you have to comply with the terms of the license. Since you have an interest in the property, you can transfer your lease to another person. That`s what happens when people sublet an apartment. Lease tenants: In accordance with Section 121 of the PLA, the lessor cannot consent to the proposed transfer or sublease in an “inappropriate” manner. This section cannot be excluded by the express provisions of the lease, but only works in cases where the lessor`s consent is expressly required. If you are unable to determine if your contract is a lease or a license, an experienced owner-tenant lawyer can help. Ben Cobb, Commercial Property Solicitor explains: “For example, a license can be of great use to start-ups, as they do not require the tenant to have a long-term lease.