Putting absurd provisions in a New Jersey commercial lease agreement, could come back to hurt landlords.

Jul 8, 2021

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

Courts try making sense in their rulings, not nonsense. Doing so is both common sense and prudent governing policy.

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. “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.

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.

Bank/financial institution use lease contracts. 

Spa and physical therapy related use lease agreements. 

Gym and other recreational related use lease contracts. 

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

Jewelry and related use lease contracts. 

Safety deposit/vault use lease agreements. 

Chemical and pest control related use lease contracts. 

Cinema and theater productions related use lease agreements. 

Roommate use lease contracts. 

Co-habitation lease agreements. 

Shared office space use lease contracts. 

Gross lease agreements. 

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

Single net lease agreements. 

Double net lease contracts. 

Triple net lease agreements. 

Commercial leases with time extension option provisions.

Real property lease agreements. 

Addendum and side deal 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. 

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

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. 

Non-profit and related use lease agreements. 

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

Lease sales back terms lease agreements. 

Lease contracts with option to purchase clause.

Development site lease agreements. 

Poultry related use lease contracts. 

Timber related use lease agreements. 

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

Condo lease agreements. 

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. 

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

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

Mercer

Middlesex

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.

 

Potential relevant citations and informational references:

New Jersey Eviction Statutes Act

New Jersey Board of Bar Association 

Truth in Lending Act

New Jersey Department of Community Affairs

New Jersey Department of Civil Rights Division

New Jersey Institute of Continuing Legal Education

New Jersey Revised Uniform Limited Liability Company Law

New Jersey Secretary of State

 

Berzito v. Gambino, 63 N.J. 460 (1973)
Onderdonk v. Presbyterian Homes of NJ, 85 N.J. 171 (1961)
Fargo Realty, Inc. v. Harris, 173 N.J. Super 262
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)
N.J.S.A. 25: 1-12
Hous. Auth. & Urban Redevelopment Agency of City of Atl. City v. Taylor, 171 N.J. 580 (2002)
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)
Clearview Farms, LLC v. Fannon, 145 A.D.3d 1556 (N.Y. App. Div. 2016)
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)
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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