[RPPTL Leasing Committee] License vs. Lease

RPPTL Real Estate Leasing Committee landten at lists.flabarrpptl.org
Mon Dec 21 10:12:59 PST 2020


I have a client who wants to structure an arrangement with a third party that will provide coffee service from the lobby of his office building as a license/service agreement vs.  a lease.  He doesn't want the "licensee" to have real property rights and wants to be able to use self-help to get the "licensee" out of his building in the event of a default.

Can an unlawful detainer action be prosecuted as quickly and efficiently as an eviction action?

What other issues do you see that would be problematic with denominating this relationship as a license?


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Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers

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