What is the difference between a lease and a license?
Leases and licenses are two different kinds of agreements that involve the use of real estate. The main difference between a lease and a license is the type of possession each provides. A lease establishes a tenant’s legal right to possess and use real estate for a specified period of time. A tenant receives exclusive possession of the premises for the duration of the lease and is also able to sublease or assign the property during the term of the agreement. A license, on the other hand, is a much more limited agreement that grants permission to use real estate for a specific activity, such as staging a concert or constructing a building. Unlike a lease, a licensee does not have exclusive possession of the property and cannot transfer its rights to another person or entity. Additionally, a license is typically valid for a much shorter period of time than a lease. In Kansas, both leases and licenses must be in writing to be legally enforceable. Furthermore, certain restrictions apply for both, such as limitations on the duration of the agreement, as well as the rights and obligations of the parties. Therefore, it is important to carefully review all documents related to a lease and/or license before signing any agreement.
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