Legal issues arising out of lessor unit control provisions in New Jersey lease contracts.

Jul 8, 2021

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

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

 

A lease that does not address what premises the parties are entitled to control or burdened with maintaining will always result in misunderstanding and bickering later on.

 

A gross lease could function as the equivalent of a net lease. Gross leases often favor the tenant. When addressing rent in a lease, parties should carefully spell out the proper sum of the rent.  Rent provisions should include the exact date rent is due.

 

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.  Needless to say, 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:
 

New Jersey residential lease agreements.

Non-rent regulated residential lease contract agreements.

New Jersey rent regulated residential lease agreements.

Rent regulated stabilized residential lease contract agreements.

New Jersey rent control regulated residential lease agreements.

Commercial lease contract agreements.

New Jersey office space lease agreements.

Industrial occupancy lease contract agreements.

New Jersey warehouse commercial use lease agreements.

Warehouse storage lease contract agreements.

New Jersey office space use lease agreements. 

Medical space use lease contract agreements. 

New Jersey bank/financial institution use lease agreements. 

Spa and physical therapy related use lease contract agreements. 

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

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

New Jersey jewelry and related use lease agreements. 

Safety deposit/vault use lease contract agreements. 

New Jersey chemical and pest control related use lease agreements. 

Cinema and theater productions related use lease contract agreements. 

New Jersey roommate use lease agreements. 

Co-habitation lease contract agreements. 

New Jersey shared office space use lease agreements. 

Gross lease contract agreements. 

New Jersey netted lease agreements. 

Single net lease contract agreements. 

New Jersey double net lease agreements. 

Triple net lease contract agreements. 

New Jersey commercial leases with time extension option provisions.

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

New Jersey addendum and side deal real property lease agreements.  

Lease contract agreements modifications.

New Jersey existing lease assumption lease agreements. 

Cancellation of real property lease contract agreements. 

New Jersey cancellation of residential lease agreements. 

Cancellation of commercial lease contract agreements. 

New Jersey barbershop and beautician related lease agreements. 

Gas station and related use lease contract agreements. 

New Jersey restaurant and related use lease agreements. 

Food establishment and related use lease contract agreements. 

New Jersey deli and bodega related use lease agreements. 

Liquor store and other related use lease contract agreements. 

New Jersey car and tavern related use lease agreements. 

Parking space and garage related use lease contract agreements. 

New Jersey religious institution and related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Church and related use lease contract agreements. 

New Jersey morgue and related use lease agreements. 

Synagogue and related use lease contract agreements. 

New Jersey Buddhist temple and related use lease agreements. 

Hinduism temple and related use lease contract agreements. 

New Jersey non-profit and related use lease agreements. 

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

New Jersey lease sales back terms lease agreements. 

Lease contract agreement with option to purchase clause.

New Jersey development site lease agreements. 

Tax favored lease contract agreements. 

New Jersey farming related lease agreements. 

Agriculture and related use lease contract agreements. 

New Jersey livestock related use lease agreements. 

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

New Jersey timber related use lease agreements. 

Mineral rights related use lease contract agreements. 

New Jersey oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contract agreements. 

New Jersey riparian and water rights related use lease agreements. 

Buffet-style restaurant use lease contract agreements. 

New Jersey dining hall use lease agreements. 

Landlord-focused and customized lease contract agreements. 

New Jersey tenant-focused and customized lease agreements.

Mixed-use property lease contract agreements. 

New Jersey commercial use building premises lease agreements. 

Industrial use property lease contract agreements. 

New Jersey locker room/storage type lease agreements. 

Postal office box related use lease contract agreements. 

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

Carwash and other related use lease contract agreements. 

New Jersey florist, botanical, and horticulture use lease agreements. 

Hair saloon and related use lease contract agreements. 

New Jersey municipal related use lease agreements. 

Governmental entity organization related use lease contract agreements. 

New Jersey hostel and other related use lease agreements. 

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

New Jersey master lease agreements. 

Co-op propriety lease contract agreements. 

New Jersey hypothecating, equity-utilization, leveraging lease agreements. 

Drafting lease contract agreements.

New Jersey negotiating lease agreements.

Lease contract 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

Camden

Cape May

Cumberland

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

New Jersey Board of Bar Association 

American Bar Association 

Truth in Renting Act

Truth in Lending Act

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 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)

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)

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

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)

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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