Kiritsis & Associates

 

Can a court in New Jersey, override the provisions of a commercial real property lease agreement?

Jul 8, 2021

Law Offices of Kiritsis & Associates: (212) – 922 – 0005.

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

 

Yes, since New Jersey real estate laws are mostly based on common law. However, courts overriding or changing common law is the exception, not the rule.

 

Construing leases is often a matter of law. A jury will rarely resort to the parole evidence rule. Parties should NOT rely on courts to construe better bargains than those the lease provides. Courts will NOT construe a lease in a way that leads to absurd results. Due to constitutional and other concerns, courts will typically avoid construing a lease in a way that leads to civil forfeiture.

 

Constitutional provisions, especially the 13th Amendment, may work as a practical restrain with regards to landlords, having the ability to construct too overbearing/one-sided lease agreements, under the auspices of the freedom to contract.



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.
Rent regulated residential lease agreements.
Rent regulated stabilized residential lease contracts.
Rent control regulated residential lease agreements.
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. 

Roommate use lease contracts. 

Co-habitation lease agreements. 

Shared office space use lease contracts. 

Gross lease agreements. 

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

Single net lease agreements. 

Double net lease contracts. 

Triple net lease agreements. 

Commercial leases with time extension option provisions.

Real property lease agreements. 

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. 

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. 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. 

Carwash and other related use lease contracts. 

Florist, botanical, and horticulture use lease agreements. 

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

Municipal related use lease agreements. 

Governmental entity organization related use lease contracts. 

Hostel and other related use lease agreements. 

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

Master 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

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.

 

Sources:

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

 

Perlman v. Lee, 2014 WL 4916999 (App. Div. 2014)
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)
Cox v. Simon, 278 N.J. Super 419 (App. Div. 1995)
Ringwood Assocs., Ltd v. Jack’s of Route 23, Inc., 166 N.J. Super 36 (App. Div. 1979)
Caris v. Way, 192 N.J. Super 536 (Law Div. 1983)
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
Phone # 212 922 0005

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