A Contract Drafting Conundrum: Can a Real Property License Agreement Disclaim a Landlord-Tenant Relationship While Retaining the Summary Remedy of Unlawful Detainer for the Licensor-Owner?
A landowner desiring to enter into a license agreement for the use of real property must take care to ensure that the license agreement does not contain terms that inadvertently waive the landowner’s right to recover the property through the summary proceeding of an unlawful detainer action.