Kiritsis & Associates

 

How formal does a New Jersey lease for commercial real property have to be in order for it to be legally enforceable?

Jul 8, 2021

Kiritsis Law Group Phone # 212 922 0005

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

 

New Jersey does not impose any formality requirements for commercial real property leases to be legally binding and enforceable. In New Jersey, chattel is NOT considered real property. Leases with governmental parties are beyond the scope of this legal guide.

 

Landlords often favor net leases because they absolve landlords from duties to maintain the property.  There may be New Jersey case laws where an informal memorandum functions as a legally binding and enforceable written lease.

Besides legal regulations, there may be practical reasons, that would compel landlords and tenants alike, to have their lease agreement contractual documents, be recorded for public filing purposes.  Those reasons can involve any one or more of a myriad of situations, such as: part of a broader loan/mortgage type of agreement (i.e. as it concerns to a lender's/underwriter's due diligence process, during a mortgage financing type of situations), tax substantiation reasons with regards of an ongoing and/or potentially prospecting upcoming tax audit, part of a wider range of zoning/variance controversy situation.

 

Many of the lease agreements (especially, many of the ones created through diy (do it yourself) (do it yourself) autogenerating software or bare-bone store sold templates) did not account nor foresaw the catastrophic type of damages, that would inflict both landlords and tenants at the post Covid 19 pandemic era.

 

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

Warehouse storage 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. 

Roommate use lease contracts. Call our law offices at (212)–922–0005 

Co-habitation lease agreements. 

Shared office space use lease contracts. 

Gross lease agreements. 

Netted lease contracts. 

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

Lease agreements modifications.

Existing lease assumption lease contracts. 

Cancellation of real property lease agreements. 

Cancellation of commercial lease contracts. 

Barbershop and beautician related 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. Call our law offices at (212)–922–0005 

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. 

Non-profit and related use lease contracts. 

501 (c) 3 organization and related use lease agreements. 

Lease sales back terms lease contracts. Call our law offices at (212)–922–0005 

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

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. 

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

Single family dwelling lease agreements. 

Two family dwelling lease contracts. 

Three family dwelling lease agreements. 

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

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. 

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

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

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:

 

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)

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)

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

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

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

Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Suite 1306

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