The parol evidence rule in New Jersey lease contracts for commercial and residential real estate.

Jul 8, 2021

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

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

 

The parol evidence rule is procedural law (the way evidence is admitted in court). Generally, it is not substantive law (the actual claims disputed). Such rules are construed from statutes by judges. This legal guide assumes the parties involved are NOT dealing in any “roomer”-type agreements (including seasonal and temporary occupancies). New Jersey black letter law construes leases based on contract law doctrines.

 

The Constitution allows wide freedoms to contract or not to contract. As the default, courts construe commercial leases in a way that honors the intentions of the contracting parties.

Public policy favors allowing for more freedom to contract with regards to leases dealing with commercial use and commercial business tenants, as opposed to leases dealing with residential unit type of spaces which would presumably be utilized by tenants for habitation.

The COVID-19 pandemic has significantly impacted the laws revolving New Jersey leases, in many ways. Trying to account for all of the 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 of New Jersey.

Rent regulated residential lease agreements.

Rent regulated stabilized residential lease contracts of New Jersey.

Rent control regulated residential lease agreements.

Commercial lease contracts of New Jersey.

Office space lease agreements.

Industrial occupancy lease contracts of New Jersey.

Warehouse commercial use lease agreements.

Warehouse storage lease contracts of New Jersey.

Office space use lease agreements. 

Medical space use lease contracts of New Jersey.

Bank/financial institution use lease agreements. 

Spa and physical therapy related use lease contracts of New Jersey.

Gym and other recreational related use lease agreements. 

Professional service lease contracts, including: Accounting, Insurance, Medicine, Law, Architecture, etc. of New Jersey.

Jewelry and related use lease agreements. 

Safety deposit/vault use lease contracts of New Jersey.

Chemical and pest control related use lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

Cinema and theater productions related use lease contracts of New Jersey.

Roommate use lease agreements. 

Co-habitation lease contracts of New Jersey.

Shared office space use lease agreements. 

Gross lease contracts of New Jersey.

Netted lease agreements. 

Single net lease contracts of New Jersey.

Double net lease agreements. 

Triple net lease contracts of New Jersey.

Commercial leases with time extension option provisions.

Real property lease contracts of New Jersey. 

Addendum and side deal real property lease agreements. 

Liquor store and other related use lease contracts of New Jersey.

Bar and tavern related use lease agreements. 

Parking space and garage related use lease contracts of New Jersey.

Religious institution and related use lease agreements. 

Church and related use lease contracts of New Jersey.

Morgue and related use lease agreements. 

Synagogue and related use lease contracts of New Jersey.

Buddhist temple and related use lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

Hinduism temple and related use lease contracts of New Jersey.

Non-profit and related use lease agreements. 

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

Lease sales back terms lease agreements. 

Lease agreement contracts with option to purchase clause of New Jersey.

Development site lease agreements. 

Tax favored lease contracts of New Jersey.

Farming related lease agreements. 

Agriculture and related use lease contracts of New Jersey.

Livestock related use lease agreements. 

Poultry related use lease contracts of New Jersey.

Timber related use lease agreements. 

Mineral rights related use lease contracts of New Jersey.

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contracts of New Jersey.

Riparian and water rights related use lease agreements. 

Buffet-style restaurant use lease contracts of New Jersey.

Dining hall use lease agreements. 

Landlord-focused and customized lease contracts of New Jersey. 

Tenant-focused and customized lease agreements. Kiritsis Law Group. Phone: (212)–922–0005

Construction project centered lease contracts of New Jersey.

Condo lease agreements. 

Co-op lease contracts of New Jersey.

Condo co-op lease agreements. 

Condo-type building premises lease contracts of New Jersey.

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contracts of New Jersey.

Single family dwelling lease agreements. 

Two family dwelling lease contracts of New Jersey.

Three family dwelling lease agreements. 

4-plex property lease contracts of New Jersey.

Multi-family property lease agreements. 

Mixed-use property lease contracts of New Jersey.

Commercial use building premises lease agreements. 

Industrial use property lease contracts of New Jersey.

Locker room/storage type lease agreements. 

Postal office box related use lease contracts of New Jersey.

Laundromat and other related use lease agreements. 

Carwash and other related use lease contracts of New Jersey.

Florist, botanical, and horticulture use lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

Hair saloon and related use lease contracts of New Jersey.

Municipal related use lease agreements. 

Governmental entity organization related use lease contracts of New Jersey.

Hostel and other related use lease agreements. 

Adults-only recreational use lease contracts, including: Strip clubs, Marijuana dispensaries, etc. of New Jersey.

Master lease agreements. 

Co-op propriety lease contracts of New Jersey. 

Hypothecating, equity-utilization, leveraging lease agreements. 

Drafting lease contracts of New Jersey.

Negotiating lease agreements.

Lease contract and document review services of New Jersey.

 

We offer prospective clients services throughout the state of New Jersey, including the following counties:

 

Atlantic

Bergen

Burlington

Camden

Cape May

Gloucester

Hudson

Hunterdon

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.

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

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 Law Journal

New Jersey Institute of Continuing Legal Education

New Jersey Revised Uniform Limited Liability Company Law

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 

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)

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