Can a New Jersey commercial lease agreement for real property be ruled as being illegal and/or fraudulent?

Jul 8, 2021

Kiritsis Law Group Phone # 212 922 0005
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Yes, in certain situations. However, the chances of a commercial lease being illegal or fraudulent are low if the lease is well-planned, carefully drafted, properly reviewed, and properly executed.

A gross lease could function as the equivalent of a net lease. Gross leases often favor the tenant. 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.

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.

Commercial lease contracts.

Office space lease agreements.

Industrial occupancy lease contracts.

Warehouse commercial use lease agreements.

Warehouse storage lease contracts.

Office space use lease agreements. 

Medical space use lease contracts. 

Bank/financial institution use lease agreements. 

Spa and physical therapy related use lease contracts. 

Gym and other recreational related use 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. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

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. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

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

Lease sales back terms lease contracts. 

Lease agreement contracts with option to purchase clause.

Development site lease contracts. 

Tax favored lease agreements. 

Farming related lease contracts. 

Agriculture and related use lease agreements. 

Livestock related use lease contracts. 

Poultry related use lease agreements. 

Timber related use lease contracts. 

Mineral rights related use lease agreements. 

Laboratory and medical testing related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

Condo lease agreements. 

Single family dwelling lease contracts. 

Two family dwelling lease agreements. 

Three family dwelling lease contracts. 

4-plex property lease agreements. 

Multi-family property lease contracts. 

Mixed-use property lease agreements. 

Commercial use building premises lease contracts. 

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. Kiritsis Law Group. Phone: (212)–922–0005  

Hair saloon and related use lease contracts. 

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

Monmouth

Morris

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

American Bar Association 

Truth in Renting Act

Sailor and Soldiers Civil Relief Act

New Jersey Department of Community Affairs

New Jersey Law Journal

New Jersey Institute of Continuing Legal Education

New Jersey Department of the Treasury 

New Jersey Secretary of State

 

Berzito v. Gambino, 63 N.J. 460 (1973)
Marini v. Ireland, 56 N.J. 130 (1970)
Fargo Realty, Inc. v. Harris, 173 N.J. Super 262
Fonnerjian v. Moskowitz, 237 N.J. Super 395 (App. Div. 1989)
Hoffman v. Seidman, 101 N.J.L. 106 (E. & A. 1925)
Sparks v. Lorentowicz, 105 N.J. Eq. 189 (E. & A. 1930)
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
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)
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)
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)
Jimenez v. Powell, 2018 WL 944418 (App. Div. 2018)

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