A word on the risk of fire and/or property destruction clauses in New Jersey real property leases.

Jul 8, 2021

Law Offices of Kiritsis & Associates — 212-922-0005

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

 

Fire and property destruction provisions are rarely drafted, negotiated, or legally scrutinized in commercial leases since they rarely happen. However, including such provisions will have monumental consequences if the premises are burned or otherwise destroyed. With commercial lease cases, lawyers find client intake extremely important since each case is very fact specific.

 

As the default, courts construe commercial leases in a way that honors the intentions of the contracting parties. Gross leases often favor the tenant. Rent provisions should include the exact date rent is due.

 

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.

Office space use lease contract agreements. 

Medical space use lease agreements. 

Bank/financial institution use lease contract agreements. 

Spa and physical therapy related use lease agreements. 

Gym and other recreational related use lease contract agreements. 

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

Jewelry and related use lease contract agreements. 

Safety deposit/vault use lease agreements. 

Chemical and pest control related use lease contract agreements. 

Cinema and theater productions related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Roommate use lease contract agreements. 

Co-habitation lease agreements. 

Shared office space use lease contract agreements. 

Gross lease agreements. 

Netted lease contract agreements. 

Single net lease agreements. 

Double net lease contract agreements. 

Triple net lease agreements. 

Commercial leases with time extension option provisions.

Real property lease agreements. 

Addendum and side deal real property lease contract agreements. 

Lease agreements modifications.

Existing lease assumption lease contract agreements. 

Cancellation of real property lease agreements. 

Cancellation of residential lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Cancellation of commercial lease agreements. 

Barbershop and beautician related lease contract agreements. 

Gas station and related use lease agreements. 

Restaurant and related use lease contract agreements. 

Food establishment and related use lease agreements. 

Deli and bodega related use lease contract agreements. 

Liquor store and other related use lease agreements. 

Bar and tavern related use lease contract agreements. 

Parking space and garage related use lease agreements. 

Religious institution and related use lease contract agreements.  

Church and related use lease agreements. 

Morgue and related use lease contract agreements. 

Synagogue and related use lease agreements. 

Buddhist temple and related use lease contract agreements. 

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

Non-profit and related use lease contract agreements. 

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

Lease sales back terms lease contract agreements. 

Lease agreement contracts with option to purchase clause.

Development site lease contract agreements. 

Tax favored lease agreements. 

Farming related lease contract agreements. 

Agriculture and related use lease agreements. 

Livestock related use lease contract agreements. 

Poultry related use lease agreements. 

Timber related use lease contract agreements. 

Mineral rights related use lease agreements. 

Oil drilling related use lease contract agreements. 

Laboratory and medical testing related use lease agreements. 

Riparian and water rights related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Buffet-style restaurant use lease agreements. 

Dining hall use lease contract agreements. 

Landlord-focused and customized lease agreements. 

Tenant-focused and customized lease contract agreements.

Construction project centered lease agreements. 

Condo lease contract agreements. 

Co-op lease 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. Phone: (212)–922–0005. Kiritsis Law Firm. 

Multi-family property lease agreements. 

Laundromat and other related use lease contract agreements. 

Carwash and other related use lease agreements. 

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

Cape May

Cumberland

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

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

American Bar Association 

New Jersey Attorney General's Office

Sailor and Soldiers Civil Relief Act

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

New Jersey Secretary of State

New Jersey Judiciary -- Superior Court

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

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

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)

Berg Agency v. Sleepworld–Willingboro, Inc., 136 N.J. Super 369 (App. Div. 1975)

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

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)

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

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

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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