Covina Manor, Inc. v. Hatch

In Covina Manor, Inc. v. Hatch (1955) 133 Cal. App. 2d Supp. 790, the court discussed the difference between a tenancy at will and a license. The Covina court stated: "'A tenancy at will is an estate which simply confers a right to the possession of premises leased for such indefinite period as both parties shall determine such possession shall continue. . . . The tenant at will is in possession by right with consent of the landlord either express or implied, and he does not begin to hold unlawfully until the termination of his tenancy. His estate is a leasehold and he holds in subordination to the title of the landlord.' And 'a permissive occupation of real estate, where no rent is reserved or paid and no time agreed on to limit the occupation, is a tenancy at will.'" (Id. at pp. 792-793.) In contrast: "'A license is an authority to do a particular act or series of acts upon the land of another, and conveys no estate in the land, whereas a tenancy at will is the permissive right to occupy and enjoy premises, and creates an estate in the tenant.' . . .'The test . . . "whether an agreement for the use of real estate is a license or a lease is whether the contract gives exclusive possession of the premises against all the world, including the owner, in which case it is a lease, or whether it merely confers a privilege to occupy under the owner, in which case it is a license . . . ."'" (Covina, supra, 133 Cal. App. 2d at p. Supp. 793.)