Kiritsis & Associates

 

Issues, with regards off drafting for repairs and/or altercation provisions in New Jersey commercial real property lease agreements.

Jul 8, 2021

Kiritsis Law Offices. Phone: 212 922 0005

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

 

Provisions regarding costs for repairing or altering property are supremely important because of the property’s potential size and these provisions potentially triggering or negating other provisions in the lease.

 

Parole evidence challenges can successfully subject a properly written and legally binding lease. New Jersey Statute of Fraud provisions have a timeline of 3 years. The lease should spell out any exclusive use provisions for the premises. The lease should provide who controls what parts of the property.

 

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 contracts.

New Jersey non-rent regulated residential lease agreements.

Rent regulated residential lease contracts.

New Jersey rent regulated stabilized residential lease agreements.

Rent control regulated residential lease contracts.

New Jersey commercial lease agreements.

Office space lease contracts.

New Jersey industrial occupancy lease agreements.

Warehouse commercial use lease contracts.

New Jersey warehouse storage lease agreements. Call our law offices at (212)–922–0005

Office space use lease contracts. 

New Jersey medical space use lease agreements. 

Bank/financial institution use lease contracts. 

New Jersey spa and physical therapy related use lease agreements. 

Gym and other recreational related use lease contracts. 

New Jersey professional service lease agreements, including: Accounting, Insurance, Medicine, Law, Architecture, etc.

New Jersey jewelry and related use lease contracts. 

Safety deposit/vault use lease agreements. 

New Jersey chemical and pest control related use lease contracts. 

Cinema and theater productions related use lease agreements. Call our law offices at (212)–922–0005 

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. 

Single net lease agreements. 

New Jersey double net lease contracts. 

Triple net lease agreements. 

New Jersey commercial leases with time extension option provisions.

Real property lease agreements. Call our law offices at (212)–922–0005 

Addendum and side deal real property lease contracts. 

Lease agreements modifications.

Existing lease assumption lease contracts. 

Cancellation of real property lease agreements. 

Cancellation of residential lease contracts. 

Cancellation of commercial lease agreements. 

Barbershop and beautician related lease contracts. 

Gas station and related use lease agreements. 

Restaurant and related use lease contracts. 

Food establishment and related use lease agreements. Call our law offices at (212)–922–0005 

Deli and bodega related use lease contracts. 

Liquor store and other related use lease agreements. 

Bar and tavern related use lease contracts. 

Parking space and garage related use lease agreements. 

Religious institution and related use lease contracts. 

Church and related use lease agreements. 

Morgue and related use lease contracts. 

Synagogue and related use lease agreements. 

Buddhist temple and related use lease contracts. 

Hinduism temple and related use lease agreements. Call our law offices at (212)–922–0005 

Non-profit and related use lease contracts. 

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contracts. 

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. Call our law offices at (212)–922–0005 

Co-op lease contracts. 

Condo co-op lease agreements. 

Condo-type building premises lease contracts. 

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contracts. 

Single family dwelling lease agreements. 

Two family dwelling lease contracts. 

Three family dwelling lease agreements. 

4-plex property lease contracts. 

Multi-family property lease agreements. Call our law offices at (212)–922–0005 

Mixed-use property lease contracts. 

Commercial use building premises lease agreements. 

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. 

Hair saloon and related use lease contracts. 

Municipal related use lease agreements. Call our law offices at (212)–922–0005 

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

Cumberland

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

Passaic

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.

 

Potential relevant citations and informational references:

 

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

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)

Onderdonk v. Presbyterian Homes of NJ, 85 N.J. 171 (1961)

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

Fonnerjian v. Moskowitz, 237 N.J. Super 395 (App. Div. 1989)

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)

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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