The differences between gross versus net leases.

Jul 8, 2021

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

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

 

In this author’s opinion, gross leases and net leases are different in degree, not in type.

 

New Jersey real property law does NOT include personal property. The lease should describe specific uses a party may utilize the property. The lease should spell out any exclusive use provisions for the premises. The lease should provide who controls what parts of the property.

Depending on the individual county and/or municipality rules, as well as, the premises' use type and applicable zoning-code type of regulations, a real property lease agreement, may be legally required to file some kind of a public-recordation type of document, with the recorder-office.

 

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. 

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. 

Roommate use lease agreements. 

Co-habitation lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

Addendum and side deal real property lease agreements. 

Lease contract modifications.

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. 

Religious institution and related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

Non-profit 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. 

Oil drilling related use lease contracts. 

Laboratory and medical testing related use lease agreements. 

Riparian and water rights related use lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Buffet-style restaurant use lease agreements. 

Dining hall use lease contracts. 

Landlord-focused and customized lease agreements. 

Tenant-focused and customized lease contracts.

Construction project centered lease agreements. 

Condo lease contracts. 

Co-op lease agreements. 

Condo co-op lease contracts. 

Condo-type building premises lease agreements. 

Co-op-type building premises lease contracts. 

Condo co-op building premises 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 agreements. 

Locker room/storage type lease contracts. Kiritsis Law Group. Phone: (212)–922–0005  

Postal office box related use lease agreements. 

Laundromat and other related use lease contracts. 

Carwash and other related use lease agreements. 

Florist, botanical, and horticulture use lease contracts. 

Hair saloon and related use 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

Mercer

Middlesex

Monmouth

Morris

Ocean

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:

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 Lawyer Magazine

New Jersey Department of the Treasury 

New Jersey Secretary of State

New Jersey Judiciary -- Superior Court

U.S. Department of Housing and Urban Development 

 

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)

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)

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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