[RPPTL Leasing Committee] License vs. Lease

[RPPTL Real Estate Leasing Committee]

If it’s a license then the landlord can just resort to self help and lock out the occupant, no? The unlawful detainer action would not be necessary.

Sent from my iPhone

On Dec 21, 2020, at 1:16 PM, RPPTL Real Estate Leasing Committee <landten at lists.flabarrpptl.org> wrote:


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?


<image001.jpg>


Arthur J. Menor
Partner, Board Certified in Real Estate Law
Fellow, American College of Real Estate Lawyers
________________________________
Shutts & Bowen LLP
CityPlace Tower, 525 Okeechobee Blvd, Suite 1100 | West Palm Beach, FL 33401
Direct: (561) 650-8510 | Fax: (561) 822-5510 | Cell: (561) 358-1572
E-Mail<mailto:AMenor at shutts.com> | Biography <https://link.zixcentral.com/u/f0130455/ALREr7hD6xGbmVIxh3soMg?u=http%3A%2F%2Fwww.shutts.com%2Flawyer%2Farthur-j-menor> | V-Card<https://link.zixcentral.com/u/881b7292/YNFEr7hD6xGxy1Ixh3soMg?u=http%3A%2F%2Fwww.shutts.com%2Fvcard-895.vcf> | Website<https://link.zixcentral.com/u/04f3ea99/IO5Er7hD6xGZbVIxh3soMg?u=http%3A%2F%2Fwww.shutts.com>

Please consider the environment before printing this email




Links contained in this email have been replaced by ZixProtect Link Protection. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning.
_______________________________________________
landten mailing list
landten at lists.flabarrpptl.org
https://link.zixcentral.com/u/923fbe9a/_PhIr7hD6xGbVVIxh3soMg?u=http%3A%2F%2Fmailman.fsr.com%2Fmailman%2Flistinfo%2Flandten
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20201221/4702c736/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2211 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/landten/attachments/20201221/4702c736/image001-0001.jpg>