What happens if a New Jersey commercial lease does not properly/adequately describe the underlying lease premises?

Jul 8, 2021

Kiritsis Law Offices. Phone: 212 922 0005.

A lease failing to properly describe the premises could cause many legal issues from landlord-tenant disputes to housing court complications.

 

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. Correctly spelling the lessor’s and lessee’s names is crucial when drafting and reviewing leases. A well-written lease should entirely describe the property.

 

Unlike New York, where county level rules and idiosyncrasies, may be of substantial importance to the enforcement [ability] and interpretation of real property lease agreements in New Jersey, the county-wide type of applicable regulatory provisions, may have a more subdued effect, as it pertains to their role in interpreting and legally enforcing real property lease contracts.
 

Many of the lease agreements (especially, many of the ones created through do-it-yourself autogenerating software or bare-bone store sold templates) did not account the catastrophic damages, that would inflict landlords and tenants after COVID-19.

 

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.

Non-rent regulated residential lease agreements.

Rent regulated residential lease contracts.

Rent regulated stabilized residential lease agreements.

Rent control regulated residential lease contracts.

Commercial lease agreements.

Office space lease contracts.

Industrial occupancy lease agreements.

Warehouse commercial use lease contracts.

Warehouse storage lease agreements. Call our law offices at (212)–922–0005

Office space use lease contracts. 

Medical space use 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. 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. 

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

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. 

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

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

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. 

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

Municipal related use lease contracts. 

Governmental entity organization related use lease agreements. 

Hostel and other related use lease contracts. 

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

Master lease contracts. 

Co-op propriety lease agreements. 

Hypothecating, equity-utilization, leveraging lease contracts. 

Drafting lease agreements.

Negotiating lease contracts.

Lease agreement and document review services. Call our law offices at (212)–922–0005

 

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

 

Atlantic

Burlington

Camden

Cape May

Cumberland

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

Passaic

Salem

Somerset

Sussex

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.

 

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

 

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

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

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)

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)

Jimenez v. Powell, 2018 WL 944418 (App. Div. 2018)

 

Law Offices of Kiritsis & Associates
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