There are several other circumstances in which a tenancy agreement may be indispensable. These circumstances will be different, but, for the most part, whenever some form of action or event is to take place, the one who takes the trouble to ensure that these acts or events occur (whether it is the lessor or the potential tenant) will not want to take the trouble and cost of acquiring these events without contractual certainty, that the other party will actually enter into the lease once it has entered. Under these conditions, a rental agreement is required. Other examples are an agreement on the conclusion of a lease: the main advantage of a lease is that it offers the parties comfort, that the other party will actually conclude the lease on the date (or date provided for in the agreement). Failure to enter into the lease agreement, where required by the agreement, constitutes an infringement and leaves the offending party liable for all losses suffered by the other party. A lease agreement should be accompanied by a licence which may entitle a person (called a licensee) to use the property, but which may be terminated according to the will of the owner of the property (referred to as the licensor). An example of a license-licensee relationship is a parking lot owner and a person parking a vehicle in the parking lot. A license can be seen in the form of a ticket to a baseball game or an oral permission to sleep a few days on a couch. The difference lies in the fact that, where there is a duration (maturity), a level of privacy that indicates the exclusive possession of a clearly defined party, current and recurring payments, the absence of the right of termination, except in cases of fault or non-payment, tend to a lease agreement; On the other hand, a single entry into another person`s property is likely a license.
The pioneering difference between a lease and a license is that a lease usually provides for regular payments during its term and a given end date. If a contract does not have a deadline, it can take the form of an open-ended licence and is still not a lease. It is customary for a lease to be renewed on a “holding over” basis, which usually transforms the lease month after month into a periodic rental contract. It is also possible that a tenant, explicit or tacit, assigns the rental agreement to the lessor. This operation is called “handover” of the lease. A lease is often referred to as a rental agreement, especially when real estate is leased. Real estate rentals are initiated by a rental application used to establish rental conditions. In addition to the basics of a rental (who, what, when, how much) a real estate rental can be much more detailed on these and other topics. The property can be rented for accommodation, parking of a vehicle or vehicle, storage, store, agricultural, institutional or government use or for other reasons. A sharing agreement with a large part of an owner`s property or, for no particular space in a building for example, may void the finding of a lease, but this common requirement of a lease is interpreted differently in many jurisdictions….