What is the Difference Between Lease and License?
🆚 Go to Comparative Table 🆚The main difference between a lease and a license lies in the rights and interests they grant to the user of the property. Here are the key differences between the two:
- Lease:
- A lease is a contract between a landlord and a tenant that provides the tenant with exclusive interest in the property for a specific term.
- Leases grant the tenant a leasehold interest in the real property, which is usually transferable and irrevocable.
- A lease gives the tenant the exclusive right to occupy the property during the term of the agreement, even against the property owner.
- Leases are often used for long-term exclusive use of property, such as residential or commercial rentals.
- License:
- A license is a permission from the property owner to use the property for a specific purpose.
- Licenses do not transfer an interest in the real property; they only grant a personal privilege to use the property for a particular purpose.
- Licenses are often revocable and can be either exclusive or non-exclusive.
- Licenses are typically used for short-term or shared use of property, such as parking lots, event venues, or temporary workspaces.
In summary, a lease grants an exclusive interest in a property, allowing the tenant to occupy and use it as they wish, while a license grants permission to use the property for a specific purpose, without transferring any interest in the property itself.
Comparative Table: Lease vs License
The main difference between a lease and a license is the granting of exclusive use rights to the tenant or licensee. Here is a comparison table highlighting the key differences between the two:
Feature | Lease | License |
---|---|---|
Exclusive Use | Yes, the tenant has exclusive use of the property | No, the licensee does not have exclusive use of the property |
Interest in Real Property | Creates an interest in the property for the term of the lease | Does not create an interest in the property |
Transferability | Leasehold interest can be transferred, unless otherwise provided in the lease | License cannot be transferred without terminating the agreement |
Revocability | Usually irrevocable, unless otherwise provided in the lease | Revocable by the property owner, unless specified otherwise |
Contract Formation | Requires an oral or written agreement between the landlord and tenant | Can be granted without the owner and the licensee ever meeting |
Insurance Coverage | Required for landlords and tenants | Generally not required for licenses |
In summary, a lease transfers exclusive use rights and an interest in the property to the tenant, while a license grants permission to use the property without exclusive use rights. A lease is usually more secure and less revocable than a license, which is more flexible for both parties.
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