The modern law of landlords and tenants in the common law retains the influence of the Common Law and in particular the philosophy of laissez-faire which, in the 19th century, dominated contractual and property rights. With the increase in consumerism, consumer protection laws have recognized that common law principles, which adopt the same bargaining power between contracting parties, cause difficulties when this assumption is inaccurate. For this reason, the reformers stressed the need to assess the right to rent in relation to the protection of tenants. Legislation on the protection of tenants has become commonplace. Therefore, the Common Law Lease did not treat as equivalent or equivalent to a common commercial contract, particularly with respect to whether a lease can be terminated on time, in the same way as a regular commercial agreement. The unterloser is responsible for the original landlord in accordance with the original tenancy agreement, including all remaining rents, including operating costs and all other initial rental conditions. In a secondary market, the original landlord may charge the subtenant less rent than he originally paid, so that the remaining rent remains to be paid to the landlord by the original landlord. However, if market prices have increased since the original lease was signed, the subcontractor may be able to obtain a higher rental price than is due to the original lessor. However, many commercial leases provide that potential rent overruns are shared with the landlord, the landlord. A rental agreement should be compared to a license that can give a person (a so-called licensee) the right to operate the property, but which can be terminated according to the will of the owner of the property (the licensee). An example of a donor/licensee relationship is a parking owner and a person who parks a vehicle in the parking lot. A license can be seen in the form of a ticket to a baseball game or an oral permit to sleep for a few days on a couch. The difference lies in the fact that when it comes to a term (final time), a certain degree of privacy that indicates the exclusive possession of a clearly defined party, current and recurring payments, the absence of termination rights, except in cases of fault or non-payment, tend these factors towards a lease; On the other hand, a single access to another person`s land is probably a license.
The essential difference between a lease and a licence is that a lease generally provides for periodic payments during its term and a specified end date.