Fixture removal provisions for New Jersey commercial leases.

Jul 8, 2021

Kiritsis Law Group. Phone: 212 922 0005

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

 

When drafting fixture removal provisions, the contracting parties should do the following: Define what a fixture is. List what fixtures are conferred in the lease. Address any architectural or engineering concerns.

 

“Additional rent” is an important concept in New Jersey landlord-tenant law. Under unique or exceptional circumstances, it may be better for parties to enter an oral lease.  The lease should account for any pre-moving repairs and alterations. New Jersey commercial leases may address any fixture removal rights by tenants.

 

An often-overlooked issue with reviewing, drafting, negotiating and/or finalizing lease agreements involving real property, are the potential tax avoidance and/or tax compliance issues.  This should not be given off minimal importance in any situation, and especially within New Jersey, which arguably has the highest property tax bills in the country, and one of the highest State income tax rates among the 50 States.

 

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 of New Jersey.

Non-rent regulated residential lease contract agreements.

Rent regulated residential lease agreements of New Jersey.

Rent regulated stabilized residential lease contract agreements.

Rent control regulated residential lease agreements of New Jersey.

Commercial lease contract agreements.

Office space lease agreements of New Jersey.

Industrial occupancy lease contract agreements.

Warehouse commercial use lease agreements of New Jersey.

Warehouse storage lease contract agreements.

Office space use lease agreements of New Jersey.

Medical space use lease contract agreements. 

Bank/financial institution use lease agreements of New Jersey.

Spa and physical therapy related use lease contract agreements. 

Gym and other recreational related use lease agreements of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

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

Jewelry and related use lease agreements of New Jersey.

Safety deposit/vault use lease contract agreements. 

Chemical and pest control related use lease agreements of New Jersey.

Cinema and theater productions related use lease contract agreements. 

Roommate use lease agreements of New Jersey.

Co-habitation lease contract agreements. 

Shared office space use lease agreements of New Jersey.

Gross lease contract agreements. 

Netted lease agreements of New Jersey.

Single net lease contract agreements. 

Double net lease agreements of New Jersey.

Triple net lease contract agreements. 

Commercial leases with time extension option provisions of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

Real property lease contract agreements. 

Addendum and side deal real property lease agreements of New Jersey.

Lease contract agreements modifications.

Existing lease assumption lease agreements of New Jersey.

Cancellation of real property lease contract agreements. 

Cancellation of residential lease agreements of New Jersey.

Cancellation of commercial lease contract agreements. 

Barbershop and beautician related lease agreements of New Jersey.

Gas station and related use lease contract agreements. 

Restaurant and related use lease agreements of New Jersey.

Food establishment and related use lease contract agreements. 

Deli and bodega related use lease agreements of New Jersey.

Liquor store and other related use lease contract agreements. 

Bar and tavern related use lease agreements of New Jersey.

Parking space and garage related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Religious institution and related use lease agreements of New Jersey.

Church and related use lease contract agreements. 

Morgue and related use lease agreements of New Jersey.

Synagogue and related use lease contract agreements. 

Buddhist temple and related use lease agreements of New Jersey.

Hinduism temple and related use lease contract agreements. 

Non-profit and related use lease agreements of New Jersey.

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

Lease sales back terms lease agreements of New Jersey.

Lease contract agreements with option to purchase clause.

Development site lease agreements of New Jersey.

Tax favored lease contract agreements. 

Farming related lease agreements of New Jersey.

Agriculture and related use lease contract agreements. 

Livestock related use lease agreements of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

Poultry related use lease contract agreements. 

Timber related use lease agreements of New Jersey.

Mineral rights related use lease contract agreements. 

Oil drilling related use lease agreements of New Jersey.

Condo-type building premises lease contract agreements. 

Co-op-type building premises lease agreements of New Jersey.

Condo co-op building premises lease contract agreements. 

Single family dwelling lease agreements of New Jersey.

Two family dwelling lease contract agreements. 

Three family dwelling lease agreements of New Jersey.

4-plex property lease contract agreements. 

Multi-family property lease agreements of New Jersey.

Mixed-use property lease contract agreements. 

Commercial use building premises lease agreements of New Jersey.

Industrial use property lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Locker room/storage type lease agreements of New Jersey. 

Postal office box related use lease contract agreements. 

Laundromat and other related use lease agreements of New Jersey. 

Carwash and other related use lease contract agreements. 

Florist, botanical, and horticulture use lease agreements of New Jersey.

Hair saloon and related use lease contract agreements. 

Municipal related use lease agreements of New Jersey.

Governmental entity organization related use lease contract agreements. 

Hostel and other related use lease agreements of New Jersey.

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

Master lease agreements of New Jersey.

Co-op propriety lease contract agreements. 

Hypothecating, equity-utilization, leveraging lease agreements of New Jersey. 

Drafting lease contract agreements.

Negotiating lease agreements of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

Lease contract agreement 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

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

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 Crder, 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

New Jersey Board of Bar Association 

American Bar Association 

Truth in Renting Act

Truth in Lending Act

New Jersey Attorney General's Office

New Jersey Institute of Continuing Legal Education

 

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)
 

Law Offices of Kiritsis & Associates
Phone # 212 922 0005

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