Are real property leases in New Jersey, legally binding contracts?

Jul 8, 2021

Kiritsis Law Offices.Phone: (212) – 922 – 0005.
Written By:  John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Yes, under certain conditions. Real property contracts may be subject to various regulations that do not apply to other business contracts. Real property does NOT include personal property. New Jersey real property law does NOT include personal property. In New Jersey, chattel is typically NOT considered real property. Leases with governmental parties are beyond the scope of this legal guide.

Public policy favors allowing for more freedom to contract with regards to leases dealing with commercial use and commercial business tenants, as opposed to leases dealing with residential unit type of spaces which would presumably be utilized by tenants for habitation.

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.

New Jersey non-rent regulated residential lease contracts.

Rent regulated residential lease agreements.

New Jersey rent regulated stabilized residential lease contracts.

Rent control regulated residential lease agreements.

New Jersey commercial lease contracts.

Office space lease agreements.

New Jersey industrial occupancy lease contracts.

Warehouse commercial use lease agreements.

New Jersey warehouse storage lease contracts.

Office space use lease agreements. 

New Jersey medical space use lease contracts. 

Bank/financial institution use lease agreements. 

New Jersey chemical and pest control related use lease contracts. 

Cinema and theater productions related use lease agreements. 

New Jersey roommate use lease contracts. 

Co-habitation lease agreements. 

New Jersey shared office space use lease contracts.  

Gross lease agreements. 

New Jersey netted lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Single net lease agreements. 

New Jersey double net lease contracts. 

Existing lease assumption lease agreements. 

New Jersey cancellation of real property lease contracts. 

Cancellation of residential lease agreements. 

New Jersey cancellation of commercial lease contracts. 

Barbershop and beautician related lease agreements. 

New Jersey gas station and related use lease contracts. 

Restaurant and related use lease agreements. 

New Jersey food establishment and related use lease contracts. 

Deli and bodega related use lease agreements. 

New Jersey liquor store and other related use lease contracts. 

Bar and tavern related use lease agreements. 

New Jersey parking space and garage related use lease contracts. 

Religious institution and related use lease agreements. 

New Jersey church and related use lease contracts. 

Morgue and related use lease agreements. 

New Jersey synagogue and related use lease contracts. 

Buddhist temple and related use lease agreements. 

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

Non-profit and related use lease agreements. 

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

Lease sales back terms lease agreements. 

New Jersey lease contracts with option to purchase clause.

Development site lease agreements. 

New Jersey tax favored lease contracts. 

Farming related lease agreements. 

New Jersey agriculture and related use lease contracts. 

Livestock related use lease agreements. 

New Jersey poultry related use lease contracts. 

Timber related use lease agreements. 

New Jersey mineral rights related use lease contracts. 

Oil drilling related use lease agreements. 

New Jersey laboratory and medical testing related use lease contracts. 

Riparian and water rights related use lease agreements. 

New Jersey buffet-style restaurant use lease contracts. 

Dining hall use lease agreements. 

New Jersey landlord-focused and customized lease contracts. 

Tenant-focused and customized lease agreements.

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

Condo lease agreements. 

New Jersey co-op lease contracts. 

Condo co-op lease agreements. 

New Jersey condo-type building premises lease contracts. 

Co-op-type building premises lease agreements. 

New Jersey condo co-op building premises lease contracts. 

Single family dwelling lease agreements. 

New Jersey two family dwelling lease contracts. 

Three family dwelling lease agreements. 

New Jersey 4-plex property lease contracts. 

Multi-family property lease agreements. 

New Jersey mixed-use property lease contracts. 

Commercial use building premises lease agreements. 

New Jersey industrial use property lease contracts. 

Locker room/storage type lease agreements. 

New Jersey postal office box related use lease contracts. 

Laundromat and other related use lease agreements. 

New Jersey carwash and other related use lease contracts. 

Florist, botanical, and horticulture use lease agreements. 

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

Municipal related use lease agreements. 

New Jersey governmental entity organization related use lease contracts. 

Hostel and other related use lease agreements. 

New Jersey adults-only recreational use lease contracts, including: Strip clubs, Marijuana dispensaries, etc.

Master lease agreements. 

New Jersey co-op propriety lease contracts. 

Hypothecating, equity-utilization, leveraging lease agreements. 

New Jersey drafting lease contracts.

Negotiating lease agreements.

New Jersey 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

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

Passaic

Salem

Somerset

Sussex

Union

Warren

 

You can call us 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.

Potential relevant citations and informational references:

 

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
Hous. Auth. & Urban Redevelopment Agency of City of Atl. City v. Taylor, 171 N.J. 580 (2002)
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)
Ahlstrom v. TMC Properties, LLC, 2010 WL 3834505 (App. Div. 2010)
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)
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)

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