New York License Agreement for Office Space: Details & Applicable Law
A "lease agreement" grants a tenant exclusive possession and occupancy of a designated space, at a specified rental rate and for a specified term. In contract, a license agreement is non-exclusive. A license conveys a privilege to use and occupy a space - oftentimes in conjunction with other licensees. Typically, the granting of a license, rather than a lease, is more favorable to the owner/landlords, because the relationship is easier to terminate, and does not confer exclusive possession. It should be noted that regardless of whether an agreement is labeled a "license" or a "lease", a New York court will look to the substance of the agreement in ascertaining whether it creates a license or leasehold interest. See, Coinmach Corp. v. Harton Assoc's, 758 N.Y.S.2d 705 (2nd Dept. 2003).
(b) License Agreement for Office Space:
Our downloadable Office Service License Agreement form is a 16-page form that grants privilege to use office space for a specified term, and contains detailed language setting forth office-related service that are provided to the Licensee. Optional, sample provisions include participation in an office-wide telephone system and furnishings. The agreement is generally used for office sharing/subleasing arrangements and/or instant-office services. This form is in MSWord format for easy editing and revisions. This 16-page form includes: (a) detailed, long form agreement; (b) optional services available to licensee; (c) standards of office conduct/rules; and (d) release for credit verification.