[RPPTL Leasing Committee] License vs. Lease

[RPPTL Real Estate Leasing Committee]

Art, problem issues I would look into from memory include any rights or obligations that make what is titled and desired to be a license, a lease rather than a license.  We can call a horse a cow but that does not mean we can milk it.

A license is not exclusive possession of property for any given period of time nor an interest or an estate in real property, but a specific use at the owners discretion, wherein the licensor retains absolute control of the premises, provides all essential services and the license is revocable at will.  Any rights or obligations that make it appear not like that could be an issue, and a court could find it to be a lease.  Another problem is that these requirements may run afoul of deal issues.

I believe, without review, that unlawful detainer applies to real property. Also, I do not know what remedy or actions, if any, is required of licensor before using self-help and locking out the licensee, or how much “force” becomes problematic or in what way.

Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin at taplinlaw.net<mailto:jtaplin at taplinlaw.net>

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL Real Estate Leasing Committee
Sent: Monday, December 21, 2020 1:20 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL Leasing Committee] License vs. Lease

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<mailto: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?


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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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