Kiritsis & Associates

 

Are oral leases legally permissible/enforceable when it is regarding New Jersey real property?

Jul 8, 2021

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

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


Yes. Oral leases are ill-advised compared to written leases. Oral leases can be legally valid and binding under the proper circumstances.


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. When addressing rent in a lease, parties should carefully spell out the proper sum of the rent. Rent provisions should include the exact date rent is due.


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. 

Gym and other recreational related use lease agreements. 

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

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

Roommate use lease agreements. 

Co-habitation lease contracts. 

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. 

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

Religious institution and related use lease agreements. 

Church and related use lease contracts. 

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. 

Tax favored lease contracts. 

Farming related lease agreements. 

Agriculture and related use lease contracts. 

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

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. 

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 contracts. 

Industrial use property lease agreements. Kiritsis Law Group. Phone: (212)–922–0005  

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. 

Municipal related use lease contracts. 

Drafting lease agreements.

Negotiating lease contracts.

Lease agreement 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.

 

Potential relevant citations and informational references:


New Jersey Board of Bar Association 

American Bar Association 

Truth in Renting Act

New Jersey Department of Community Affairs

New Jersey Department of Civil Rights Division

Seton Hall University School of Law

New Jersey Lawyer Magazine

New Jersey Department of the Treasury 

New Jersey Secretary of State

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)
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)
N.J. Indus. Properties v. T.C. & V.L., Inc., 100 N.J. 432 (19850
McBride v. Port Auth. of N.Y. and N.J., 295 N.J. Super 521, 685 A.2d 320 (App. Div. 1996)
Milacci v. Mato Realty Co., 217 N.J. Super 297, 525 A.2d 1120 (App. Div. 1987)
Clearview Farms, LLC v. Fannon, 145 A.D.3d 1556 (N.Y. App. Div. 2016)
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)
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)

Law Offices of Kiritsis & Associates
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