A look at the duty to mitigate issues that often arise from New Jersey lease agreement disputes.

Jul 8, 2021

Kiritsis Law Group. Phone: 212 922 0005

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

When one party breaches a commercial lease, the following questions may arise:

Does the non-breaching party have a duty to mitigate damages? If yes, to what extent? Unlike with residential leases, case laws are more pronounced with commercial leases. This legal guide assumes the parties involved are NOT dealing in any “roomer”-type agreements, including seasonal and temporary occupancies.

 

Parole evidence challenges can successfully subject a properly written and legally binding lease. There may be New Jersey case laws where an informal memorandum functions as a legally binding and enforceable written lease.

 

Depending on the situation, it may be the case, that commercial and residential landlords, may be subject-able in reporting rent roll receipt figures, in some way, shape and/or form.  Whether or not a New Jersey real property owner is subject to that requirement, could extenuate other issues, as it pertains to the points raised by this legal-guide article's title.

 

The practical restraints brought on to the operations of the New Jersey Judiciary System by the Coronavirus-related shutdowns, may have made much of the substance of this brief analysis, an incomplete and/or incorrect generalized explanation, of what is an already heavily technical and complicated topical area, within the study of jurisprudence.

 

To better assist in a quest of further analyzing this type of question(s) as revolving per this legal guide article, it may be useful to make additional inquiries, such as: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations? Should the lease contain specific clauses regarding issues with security deposits?

 

Our firm can help you draft, review, negotiate, and execute any type of New Jersey real property lease agreement. We are open seven days a week from 8 a.m. to 8 p.m. We offer prospective clients both exhaustive and comprehensive leasing law practice services, including the following:
 

Residential lease contract agreements of New Jersey.

Non-rent regulated residential lease agreements.

Rent regulated residential lease contract agreements of New Jersey.

Rent regulated stabilized residential lease agreements.

Rent control regulated residential lease contract agreements of New Jersey.

Commercial lease agreements.

Office space lease contract agreements of New Jersey.

Industrial occupancy lease agreements.

Warehouse commercial use lease contract agreements of New Jersey.

Warehouse storage lease agreements.

Office space use lease contract agreements of New Jersey.

Double net lease agreements. Kiritsis & Associates (212)–922–005.   

Triple net lease contract agreements of New Jersey.

Commercial leases with time extension option provisions.

Real property lease contract agreements of New Jersey.

Addendum and side deal real property lease agreements. 

Lease contract agreements modifications of New Jersey.

Existing lease assumption lease agreements. 

Cancellation of real property lease contract agreements of New Jersey.

Cancellation of residential lease agreements. 

Cancellation of commercial lease contract agreements of New Jersey.

Barbershop and beautician related lease agreements. 

Gas station and related use lease contract agreements of New Jersey.

Restaurant and related use lease agreements. Kiritsis & Associates (212)–922–005.   

Food establishment and related use lease contract agreements of New Jersey.

Deli and bodega related use lease agreements. 

Liquor store and other related use lease contract agreements of New Jersey.

Bar and tavern related use lease agreements. 

Parking space and garage related use lease contract agreements of New Jersey.

Religious institution and related use lease agreements. 

Church and related use lease contract agreements of New Jersey.

Morgue and related use lease agreements. 

Agriculture and related use lease contract agreements of New Jersey.

Livestock related use lease agreements. 

Poultry related use lease contract agreements of New Jersey.

Timber related use lease agreements. Kiritsis & Associates (212)–922–005.   

Mineral rights related use lease contract agreements of New Jersey.

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contract agreements of New Jersey.

Riparian and water rights related use lease agreements. 

Buffet-style restaurant use lease contract agreements of New Jersey.

Dining hall use lease agreements. 

Landlord-focused and customized lease contract agreements of New Jersey.

Tenant-focused and customized lease agreements.

Construction project centered lease contract agreements of New Jersey.

Condo lease agreements. 

Co-op lease contract agreements of New Jersey.

Condo co-op lease agreements. Kiritsis & Associates (212)–922–005.   

Condo-type building premises lease contract agreements of New Jersey.

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contract agreements of New Jersey.

Single family dwelling lease agreements. 

Two family dwelling lease contract agreements of New Jersey.

Three family dwelling lease agreements. 

4-plex property lease contract agreements of New Jersey.

Multi-family property lease agreements. 

Mixed-use property lease contract agreements of New Jersey.

Commercial use building premises lease agreements. 

Industrial use property lease contract agreements of New Jersey.

Locker room/storage type lease agreements. Kiritsis & Associates (212)–922–005.   

Postal office box related use lease contract agreements of New Jersey. 

Laundromat and other related use lease agreements. 

Carwash and other related use lease contract agreements of New Jersey.

Florist, botanical, and horticulture use lease agreements. 

Hair saloon and related use lease contract agreements of New Jersey.

Municipal related use lease agreements. 

Governmental entity organization related use lease contract agreements of New Jersey.

Hostel and other related use lease agreements. 

Adults-only recreational use lease contract agreements, including: Strip clubs, Marijuana dispensaries, etc. of New Jersey.

Master lease agreements. 

Co-op propriety lease contract agreements of New Jersey. Kiritsis & Associates (212)–922–005.  

Hypothecating, equity-utilization, leveraging lease agreements. 

Drafting lease contract agreements of New Jersey.

Negotiating lease agreements.

Lease contract agreement and document review services of New Jersey.

 

We offer prospective clients services throughout the state of New Jersey, including the following counties:

 

Atlantic

Bergen

Burlington

Camden

Cape May

Cumberland

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

Passaic

Salem

Union

Warren

 

You can call use today for a FREE initial consultation with a licensed New Jersey real estate attorney at (212) – 922 – 0005.

 

We offer a number of fee payment options, including: Flat, Hourly Rate, Mixed-type (various payment plans combined).

 

We accept all standard methods of payment, including: Cash, Personal Check, Business Check, Cashier Check, Bank Check, Money Order, Debit Card, most Credit Cards.

 

We also sell template-type products, including legal guide pamphlet-style booklets.

For more information on any of the above services and products, or any type of legally related service product, contact us at any of our New York and New Jersey branch affiliates.

 

For more information, you may want to look up the following source materials:

 

U.S. Constitution

New Jersey State Constitution

New Jersey Eviction Statutes Act

New Jersey Board of Bar Association 

New Jersey Department of Civil Rights Division

Seton Hall University School of Law

New Jersey Law Journal

New Jersey Institute of Continuing Legal Education

New Jersey Revised Uniform Limited Liability Company Law

New Jersey Lawyer Magazine

 

Onderdonk v. Presbyterian Homes of NJ, 85 N.J. 171 (1961)

Fargo Realty, Inc. v. Harris, 173 N.J. Super 262

Fonnerjian v. Moskowitz, 237 N.J. Super 395 (App. Div. 1989)

Great Atlantic & Pacific Tea Co., Inc. v. Checchio, 335 N.J. Super 495 (App. Div. 2000)

Schultz v. Kneidl, 56 N.J. Super 575 (L&W Div. 1959), Id. 59 N.J. Super 382 (App. Div. 1960)

Hoffman v. Seidman, 101 N.J.L. 106 (E. & A. 1925)

Sparks v. Lorentowicz, 105 N.J. Eq. 189 (E. & A. 1930)

Garden State Plaza Corporation v. S.S. Kresge Co., 78 N.J. Super. 485

N.J.S.A. 25: 1-12

Cox v. Simon, 278 N.J. Super 419 (App. Div. 1995)

Ringwood Assocs., Ltd v. Jack’s of Route 23, Inc., 166 N.J. Super 36 (App. Div. 1979)

Caris v. Way, 192 N.J. Super 536 (Law Div. 1983)

River Road Assocs. v. Chesapeake Display and Packaging Co., Inc., 104 F.Supp.2d 418 (D.N.J. 2000)

Ultimate Computer Services, Inc. c. Baltimore Realty Co., Inc., 183 N.J. Super 144 (App. Div. 1982)

J.H. v. R&M Tegliareni, 2018 WL 1526736 (App. Div., March 29, 2018).

Jimenez v. Powell, 2018 WL 944418 (App. Div. 2018)

 

Law Offices of Kiritsis & Associates
Phone: 212 922 0005

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