A look at the New Jersey Statute of Frauds with regards to real property lease agreements.

Jul 8, 2021

Law Offices of Kiritsis & Associates. Phone: (212) – 922 – 0005.
Author: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

Lawyers should look at the New Jersey Statute of Fraud’s underlying legal authorities to decode NJSF lease provisions, turning abstract legal concepts to applied legal theories.

A triple net lease is a type of net let lease. All triple net leases are net leases, but not all net leases are triple net leases. Landlords often favor net leases because they absolve landlords from duties to maintain the property. There may be New Jersey case laws where an informal memorandum functions as a legally binding and enforceable written lease.

Constitutional provisions, especially the 13th Amendment, may work as a practical restrain with regards to landlords, having the ability to construct too overbearing/one-sided lease agreements, under the auspices of the freedom to contract.

The COVID-19 pandemic has significantly impacted the laws revolving New Jersey leases, in many ways. Trying to account for all COVID-19 legal changes within this subtropical practice area will not only be an unrealistically ambitious venture but likely futile.

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: Should special zoning classification uses or restrictions be included in New Jersey real property leases, accounting for such uses by the tenant(s)?  Has the lease been reviewed and revised to account for any recent relevant changes in New Jersey law?Do any rent regulation laws apply to the lease?

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 agreements.

Non-rent regulated residential lease contracts.

Rent regulated residential lease agreements.

Rent regulated stabilized residential lease contracts.

Rent control regulated residential lease agreements.

Professional service lease contracts, including: Accounting, Insurance, Medicine, Law, Architecture, etc.

Jewelry and related use lease agreements. 

Safety deposit/vault use lease contracts. 

Chemical and pest control related use lease agreements. 

Cinema and theater productions related use lease contracts. 

Roommate use lease agreements. 

Co-habitation lease contracts. 

Shared office space use lease agreements. 

Gross lease contracts. 

Netted lease agreements. 

Single net lease contracts. 

Double net lease agreements. 

Triple net lease contracts. 

Commercial leases with time extension option provisions.

Real property lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Addendum and side deal real property lease agreements. 

Lease contract modifications.

Existing lease assumption lease agreements. 

Cancellation of real property lease contracts. 

Cancellation of residential lease agreements. 

Cancellation of commercial lease contracts. 

Barbershop and beautician related lease agreements. 

Gas station and related use lease contracts. 

Restaurant and related use lease agreements. 

Food establishment and related use lease contracts. 

Deli and bodega related use lease agreements. 

Liquor store and other related use lease contracts. 

Bar and tavern related use lease agreements. 

Parking space and garage related use lease contracts. 

Religious institution and related use lease agreements. 

Church and related use lease contracts. 

Morgue and related use lease agreements. 

Synagogue and related use lease contracts. 

Buddhist temple and related use lease agreements. 

Hinduism temple and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Non-profit and related use lease agreements. 

501 (c) 3 organization and related use lease contracts. 

Lease sales back terms lease agreements. 

Lease contracts with option to purchase clause.

Development site lease agreements. 

Tax favored lease contracts. 

Farming related lease agreements. 

Agriculture and related use lease contracts. 

Livestock related use lease agreements. 

Poultry related use lease contracts. 

Timber related use lease agreements. 

Mineral rights related use lease contracts. 

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contracts. 

Riparian and water rights related use lease agreements. 

Buffet-style restaurant use lease contracts. 

Dining hall use lease agreements. 

Landlord-focused and customized lease contracts. 

Tenant-focused and customized lease agreements.

Construction project centered lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Condo lease agreements. 

Co-op lease contracts. 

Condo co-op lease agreements. 

Condo-type building premises lease contracts. 

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contracts. 

Single family dwelling lease agreements. 

Two family dwelling lease contracts. 

Three family dwelling lease agreements. 

4-plex property lease contracts. 

Multi-family property lease agreements. 

Mixed-use property lease contracts. 

Commercial use building premises lease agreements. 

Industrial use property lease contracts. 

Locker room/storage type lease agreements. 

Postal office box related use lease contracts. 

Laundromat and other related use lease agreements. 

Carwash and other related use lease contracts. 

Florist, botanical, and horticulture use lease agreements. 

Hair saloon and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Municipal related use lease agreements. 

Governmental entity organization related use lease contracts. 

Hostel and other related use lease agreements. 

Adults-only recreational use lease contracts, including: Strip clubs, Marijuana dispensaries, etc.

Master lease agreements. 

Co-op propriety lease contracts. 

Hypothecating, equity-utilization, leveraging lease agreements. 

Drafting lease contracts.

Negotiating lease agreements.

Lease contract and document review services.

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

Atlantic

Bergen

Burlington

Camden

Cape May

Cumberland

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Ocean

Passaic

Salem

Somerset

Sussex

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.

Sources:

U.S. Constitution

New Jersey State Constitution

New Jersey Eviction Statutes Act

New Jersey Board of Bar Association 

New Jersey Attorney General's Office

Sailor and Soldiers Civil Relief Act

New Jersey Department of Community Affairs

Seton Hall University School of Law

New Jersey Law Journal

New Jersey Department of the Treasury 

New Jersey Secretary of State

New Jersey Judiciary -- Superior Court

 

Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969)
Onderdonk v. Presbyterian Homes of NJ, 85 N.J. 171 (1961)
Fargo Realty, Inc. v. Harris, 173 N.J. Super 262
Hoffman v. Seidman, 101 N.J.L. 106 (E. & A. 1925)
Sparks v. Lorentowicz, 105 N.J. Eq. 189 (E. & A. 1930)
N.J. Indus. Properties v. T.C. & V.L., Inc., 100 N.J. 432 (19850
McBride v. Port Auth. of N.Y. and N.J., 295 N.J. Super 521, 685 A.2d 320 (App. Div. 1996)
Milacci v. Mato Realty Co., 217 N.J. Super 297, 525 A.2d 1120 (App. Div. 1987)
Clearview Farms, LLC v. Fannon, 145 A.D.3d 1556 (N.Y. App. Div. 2016)

172 Van Duler Realty Corp. v. Globe Alumni Student Assistance Ass’n, Inc. 24 N.Y.3d 528 (N.Y. Ct. App. 2014)
Islip U-Slip, LLC v. Jack’s of Route 23, Inc., 166 N.J. Super 36 (App. Div. 1979)
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

Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Suite 1306

Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
1st Floor

New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
2nd Floor

ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

We hope you would find this website useful with regards to finding potentially relevant information for your legal issue. The Law Offices of Kiritsis & Associates PLLC is a boutique law firm group headquartered in Midtown Manhattan, with offices in Manhattan, Brooklyn (NY) and New Jersey. We strive to provide professional legal services for individuals and various business entities. Our clientele ranges from including aspiring entrepreneurs, startups to established business organizations.

We offer flat fee prices for many of the practice areas provided listed throughout our website.  For more information on the topic you may be interested, or simply to find out how our law firm group can help, you may click at any of our site's links.

We are available for existing and potentially new clients 7 days a week -- via online, phone and/or in person.

Phone: (212) – 922 – 0005