One of the main rights of the licensor in a license agreement is the right to revoke the license « as he pleases » and use « mutual assistance » to remove a defaulting licensee from the licensed premises without having to endure months or years of long and frustrating litigation to recover possession of valuable real estate. Tenant under a rental agreement: As agreed, a rental agreement gives the tenant the right to « exclusively own » the premises, which includes the right to evict an unauthorized visitor. This means that the tenant can have an intrusion action against the landlord if he enters the land without the tenant`s agreement and without permission, in accordance with the terms of the rental agreement. As a general rule, a rental agreement provides exclusive ownership of a particular property against payment of rent and confers on the tenant a right of ownership for the duration of the rental agreement. To obtain the benefit of a license agreement, the owner must ensure that his agreement with the potential user of the premises is indeed a license and not a lease. This is not necessarily an easy task. Simply designating the agreement as a « license » will not. Whether an agreement is considered a licence and not a lease depends on the existence or absence of the three essential features of a real estate licence in the agreement: (1) a clause allowing the licensor to revoke « after being defenced »; (2) the maintenance of absolute control of the premises by the licensor; and (3) the licensor shall make available to the licensee all essential services necessary for the licensee`s authorized use of the premises. On the other hand, in the case of a license agreement in good faith, the licensed tenant does not own property in the premises and is not entitled to ownership.
The principles of the Common Law apply and the owner`s licensor has every right to use peaceful mutual assistance at any time to remove a licensee from the licensed premises for any reason or no reason. .