A new lessee's right to sublease (or lack thereof), should be addressed on a New Jersey lease agreement.

Jul 8, 2021

Kiritsis Law Group. Phone # 212 922 0005

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

 

Landlords and tenants should negotiate a lessee’s right to sublease the premises given the volatile nature of a commercial tenant’s business operations. The planning above does NOT account for non-real property.

 

Parties should NOT rely on courts to construe better bargains than those the lease provides. Net leases often protect the landlord’s interests. Regarding net leases, parties should distinguish between expenses for the entire property and for proportionate shares of the property. The lease should describe specific uses a party may utilize the property.

 

Increasingly, tenants and landlords understand (especially due to Covid 19 pandemic) with have well-thought out, carefully planned for, meticulously drafted, diligently scrutinized and legally executable and self-enforceable lease contract agreements.

 

The law as it pertains to lease contracts in New Jersey, may have changed and/or continue to evolve, during the legal changes brought on by Covid 19.  It is perhaps worth mentioning that even before the spread of the Coronavirus in the U.S., New Jersey Landlord/Tenant laws and real property leasing laws, were considered highly esoteric and by many were a sign of a much need legal reform.

 

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 any pertaining lease documents be filed as a public recordation?  Is it possible to make a county-specific public recordation of the pertaining lease documents? Is it permissible to have the lease be freely assignable?

 

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 contract agreements.

Rent regulated residential lease agreements.

Rent regulated stabilized residential lease contract agreements.

Rent control regulated residential lease agreements.

Commercial lease contract agreements.

Office space lease agreements.

Industrial occupancy lease contract agreements.

Warehouse commercial use lease agreements.

Warehouse storage lease contract agreements.

Office space use lease agreements. 

Co-habitation lease contract agreements. 

Shared office space use lease agreements. 

Gross lease contract agreements. 

Netted lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Single net lease contract agreements. 

Double net lease agreements. 

Triple net lease contract agreements. 

Commercial leases with time extension option provisions.

Real property lease contract agreements. 

Addendum and side deal real property lease agreements. 

Lease contract agreements modifications.

Existing lease assumption lease agreements. 

Cancellation of real property lease contract agreements. 

Cancellation of residential lease agreements. 

Cancellation of commercial lease contract agreements. 

Barbershop and beautician related lease agreements. 

Gas station and related use lease contract agreements. 

Restaurant and related use lease agreements. 

Food establishment and related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Deli and bodega related use lease agreements. 

Liquor store and other related use lease contract agreements. 

Bar and tavern related use lease agreements. 

Parking space and garage related use lease contract agreements. 

Religious institution and related use lease agreements. 

Church and related use lease contract agreements. 

Morgue and related use lease agreements. 

Synagogue and related use lease contract agreements. 

Buddhist temple and related use lease agreements. 

Hinduism temple and related use lease contract agreements. 

Non-profit and related use lease agreements. 

501 (c) 3 organization and related use lease contract agreements. 

Lease sales back terms lease agreements. 

Lease contract agreement contracts with option to purchase clause.

Development site lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Tax favored lease contract agreements. 

Farming related lease agreements. 

Agriculture and related use lease contract agreements. 

Livestock related use lease agreements. 

Poultry related use lease contract agreements. 

Timber related use lease agreements. 

Mineral rights related use lease contract agreements. 

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contract agreements. 

Riparian and water rights related use lease agreements. 

Buffet-style restaurant use lease contract agreements. 

Dining hall use lease agreements. 

Landlord-focused and customized lease contract agreements. 

Tenant-focused and customized lease agreements.

Construction project centered lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Condo lease agreements. 

Co-op lease contract agreements. 

Condo co-op lease agreements. 

Condo-type building premises lease contract agreements. 

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contract agreements. 

Single family dwelling lease agreements. 

Two family dwelling lease contract agreements. 

Three family dwelling lease agreements. 

4-plex property lease contract agreements. 

Multi-family property lease agreements. 

Mixed-use property lease contract agreements. 

Commercial use building premises lease agreements. 

Industrial use property lease contract agreements. 

Locker room/storage type lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Florist, botanical, and horticulture use lease contract agreements. 

Hair saloon and related use lease agreements.  

Municipal related use lease contract agreements. 

Governmental entity organization related use lease agreements. 

Hostel and other related use lease contract agreements. 

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

Master lease contract agreements. 

Co-op propriety lease agreements. 

Hypothecating, equity-utilization, leveraging lease contract agreements. 

Drafting lease agreements.

Negotiating lease contract agreements.

Lease agreement and document review services. Phone: (212)–922–0005. Kiritsis Law Firm.

 

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

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.

 

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

American Bar Association 

New Jersey Department of Community Affairs

 

New Jersey Department of Civil Rights Division

Seton Hall University School of Law

New Jersey Law Journal

New Jersey Revised Uniform Limited Liability Company Law

U.S. Department of Housing and Urban Development 

 

Berzito v. Gambino, 63 N.J. 460 (1973)

Marini v. Ireland, 56 N.J. 130 (1970)

Reste Realty Corp. v. Cooper, 53 N.J. 444 (1969)

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

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

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

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

Hous. Auth. & Urban Redevelopment Agency of City of Atl. City v. Taylor, 171 N.J. 580 (2002)

McBride v. Port Auth. of N.Y. and N.J., 295 N.J. Super 521, 685 A.2d 320 (App. Div. 1996)

Perlman v. Lee, 2014 WL 4916999 (App. Div. 2014)

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)

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

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

 

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