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. The legal relationship between the landowner and a tenant resulting from a tenancy agreement is totally different from the legal relationship established by a license between the landowner and a licensee. A few years ago, I met one of New York`s real estate legends and the general of his company. He was concerned about the New York eviction process – the loss of rental income, wasted legal fees and the incredible delay between a tenant`s default and actual eviction. However, the use of a licensing agreement instead of a lease agreement does not completely exclude all possibilities of a dispute between the owner-conedantle and the licensee. Whether the “self-help” used was peaceful (and therefore legal) or forced (and therefore illegal) is always a possible contentious issue. However, if there is a valid licensing agreement, the owner licensee is not required to reinstate the deposed licensee on the premises, even if it turns out that the self-help used is binding and un pacified. In New York, the licensee`s only recourse is the triple damages that RPAPL 853 provides for violent ejection.
In the meantime, the owner`s licensee is free, before a court ruling, to re-elect the use of the premises to another licensee. A licensing agreement is a written contract between two parties, in which one landowner allows another party to use that property under a number of parameters. A licensing agreement or licensing agreement usually involves a licensee and a licensee. For comparison, a license is an owner`s permission to use all or part of the owner`s property. A license does not create interest in the property to which it relates and it is therefore not possible to register a licensing agreement against the ownership of real estate. Home / Published Articles / Licensed tenants, licensees, landlord-licensing, New York eviction proceedings, lease-lease procedure, good faith licensing agreement / Use of a licensing agreement Instead of a lease “A contract conferring exclusive ownership of premises to the whole world, including the owner, is a rental agreement, whereas, if it confers only one privilege, it is a privilege… The general concept of a licence is that it is a simple authorization to occupy the land of another country for specific purposes. Of course, the owner`s licensee should take all necessary precautions to ensure that self-proclaimed self-help is always conducted in a “peaceful” manner and without any real possibility of establishing it later, “by force”. Indeed, there are several well-known “peaceful” self-help techniques, used by both donors and licensees, who have joined the courts, and which should always be used to minimize the risk of a judicial investigation of a “forced” ejections.