Kiritsis & Associates

 

'Condition of premises' at the point of tenant's surrounding occupancy clauses, in New Jersey real property leases.

Jul 8, 2021

Kiritsis Law Group. Phone: 212 922 0005
By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

 

“Condition of premises” is a term of art that pervades New Jersey commercial lease laws. One way it manifests is regarding mitigation of damages. Real property laws are state laws. In New Jersey, chattel is NOT considered real property.

 

Parole evidence challenges can successfully subject a properly written and legally binding lease. New Jersey commercial leases may address any fixture removal rights by tenants.

In several municipalities throughout the State of New Jersey, there may be some type of regulatory requirements which impose (generally, the burden would fall exclusively or mostly to landlords) the obtaining of rental license and Certificate of Occupancy Good Standing type of documents, prior to being able to legally enter into a lease agreement.

 

The practical restraints brought on to the operations of the New Jersey Judiciary System by the Coronavirus-related shutdowns, may have made much of the substance of this brief analysis, an incomplete and/or incorrect generalized explanation, of what is an already heavily technical and complicated topical area, within the study of jurisprudence.

 

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: Is it legal or practical to allow tenants to sublease? Are the premises that include rent or occupancy use complaint with recent building code regulations?  Should the lease contain specific clauses regarding issues with security deposits?

 

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 contract agreements of New Jersey.

Non-rent regulated residential lease agreements.

Rent regulated residential lease contract agreements of New Jersey.

Rent regulated stabilized residential lease agreements.

Rent control regulated residential lease contract agreements of New Jersey.

Commercial lease agreements.

Office space lease contract agreements of New Jersey.

Industrial occupancy lease agreements.

Warehouse commercial use lease contract agreements of New Jersey.

Warehouse storage lease agreements.

Office space use lease contract agreements of New Jersey.

Medical space use lease agreements. Kiritsis & Associates (212)–922–005.    

Safety deposit/vault use lease contract agreements of New Jersey. 

Chemical and pest control related use lease agreements. 

Cinema and theater productions related use lease contract agreements of New Jersey.

Roommate use lease agreements. 

Co-habitation lease contract agreements of New Jersey.

Shared office space use lease agreements. 

Gross lease contract agreements of New Jersey.

Netted lease agreements. 

Single net lease contract agreements of New Jersey.

Double net lease agreements. 

Triple net lease contract agreements of New Jersey.

Commercial leases with time extension option provisions. Kiritsis & Associates (212)–922–005. 

Real property lease contract agreements of New Jersey.

Addendum and side deal real property lease agreements. 

Lease contract agreements modifications of New Jersey.

Existing lease assumption lease agreements. 

Cancellation of real property lease contract agreements of New Jersey.

Cancellation of residential lease agreements. 

Cancellation of commercial lease contract agreements of New Jersey.

Barbershop and beautician related lease agreements. 

Gas station and related use lease contract agreements of New Jersey.

Restaurant and related use lease agreements. 

Food establishment and related use lease contract agreements of New Jersey.

Deli and bodega related use lease agreements. Kiritsis & Associates (212)–922–005.   

Liquor store and other related use lease contract agreements of New Jersey.

Bar and tavern related use lease agreements. 

Parking space and garage related use lease contract agreements of New Jersey.

Religious institution and related use lease agreements. 

Church and related use lease contract agreements of New Jersey.

Morgue and related use lease agreements. 

Synagogue and related use lease contract agreements of New Jersey.

Buddhist temple and related use lease agreements. 

Hinduism temple and related use lease contract agreements of New Jersey.

Non-profit and related use lease agreements. 

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

Lease sales back terms lease agreements. Kiritsis & Associates (212)–922–005.   

Lease contract agreements with option to purchase clause of New Jersey.

Development site lease agreements. 

Tax favored lease contract agreements of New Jersey.

Farming related lease agreements. 

Agriculture and related use lease contract agreements of New Jersey.

Livestock related use lease agreements. 

Poultry related use lease contract agreements of New Jersey.

Timber related use lease agreements. 

Mineral rights related use lease contract agreements of New Jersey.

Oil drilling related use lease agreements. 

Laboratory and medical testing related use lease contract agreements of New Jersey.

Riparian and water rights related use lease agreements. Kiritsis & Associates (212)–922–005.   

Buffet-style restaurant use lease contract agreements of New Jersey.

Dining hall use lease agreements. 

Landlord-focused and customized lease contract agreements of New Jersey.

Tenant-focused and customized lease agreements.

Construction project centered lease contract agreements of New Jersey.

Condo lease agreements. 

Co-op lease contract agreements of New Jersey.

Condo co-op lease agreements. 

Condo-type building premises lease contract agreements of New Jersey.

Co-op-type building premises lease agreements. 

Condo co-op building premises lease contract agreements of New Jersey.

Single family dwelling lease agreements. Kiritsis & Associates (212)–922–005.   

Two family dwelling lease contract agreements of New Jersey.

Three family dwelling lease agreements. 

4-plex property lease contract agreements of New Jersey.

Multi-family property lease agreements. 

Mixed-use property lease contract agreements of New Jersey.

Commercial use building premises lease agreements. 

Industrial use property lease contract agreements of New Jersey.

Locker room/storage type lease agreements. 

Postal office box related use lease contract agreements of New Jersey.

Laundromat and other related use lease agreements. 

Carwash and other related use lease contract agreements of New Jersey.

Florist, botanical, and horticulture use lease agreements. Kiritsis & Associates (212)–922–005.   

Hair saloon and related use lease contract agreements of New Jersey.

Municipal related use lease agreements. 

Governmental entity organization related use lease contract agreements of New Jersey.

Hostel and other related use lease agreements. 

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

 

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

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 Board of Bar Association 

Truth in Renting Act

Truth in Lending Act

New Jersey Department of Community Affairs

New Jersey Department of Civil Rights Division

Seton Hall University School of Law

New Jersey Institute of Continuing Legal Education

New Jersey Lawyer Magazine

New Jersey Department of the Treasury 

U.S. Department of Housing and Urban Development 

 

Berzito v. Gambino, 63 N.J. 460 (1973)

Marini v. Ireland, 56 N.J. 130 (1970)

Onderdonk v. Presbyterian Homes of NJ, 85 N.J. 171 (1961)

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)

Sparks v. Lorentowicz, 105 N.J. Eq. 189 (E. & A. 1930)

N.J.S.A. 25: 1-12

N.J. Indus. Properties v. T.C. & V.L., Inc., 100 N.J. 432 (19850

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)

172 Van Duler Realty Corp. v. Globe Alumni Student Assistance Ass’n, Inc. 24 N.Y.3d 528 (N.Y. Ct. App. 2014)

Islip U-Slip, LLC v. Jack’s of Route 23, Inc., 166 N.J. Super 36 (App. Div. 1979)

Ringwood Assocs., Ltd v. Jack’s of Route 23, Inc., 166 N.J. Super 36 (App. Div. 1979)

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)

 

Law Offices of Kiritsis & Associates
Phone: 212 922 0005

Manhattan Office (Main Office):
633 Third Avenue
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