Kiritsis & Associates

 

Shifting utility expenses in commercial leases to New Jersey lessees.

Jul 8, 2021

Kiritsis Law Offices. Call: 212 922 0005

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

 

Landlords and tenants often have significant if not total freedom in deciding which parties are responsible for utility expenses.

Net leases often protect the landlord’s interests. Regarding net leases, parties should distinguish between expenses for the entire property and for proportionate shares of the property. New Jersey real property law does NOT include personal property. The lease should describe specific uses a party may utilize the property.

An often overlooked issue with reviewing, drafting, negotiating and/or finalizing lease agreements involving real property, are the potential tax avoidance and/or tax compliance issues.  Needless to say, this should not be given off minimal importance in any situation, and especially within New Jersey, which arguably has the highest property tax bills in the country, and one of the highest State income tax rates among the 50 States.

The law as it pertains to lease contracts in New Jersey, may have changed and/or continue to evolve, during the legal changes brought on by Covid 19.  It is perhaps worth mentioning that even before the spread of the Coronavirus in the U.S., New Jersey Landlord/Tenant laws and real property leasing laws, were considered highly esoteric and by many were a sign of a much need legal reform.

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 agreements.

Non-rent regulated residential lease contract agreements of New Jersey.

Rent regulated residential lease agreements.

Rent regulated stabilized residential lease contract agreements of New Jersey.

Rent control regulated residential lease agreements.

Commercial lease contract agreements of New Jersey.

Office space lease agreements.

Industrial occupancy lease contract agreements of New Jersey.

Warehouse commercial use lease agreements.

Warehouse storage lease contract agreements of New Jersey.

Office space use lease agreements. 

Medical space use lease contract agreements of New Jersey.

Bank/financial institution use lease agreements. 

Spa and physical therapy related use lease contract agreements of New Jersey.

Gym and other recreational related use lease agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Professional service lease contract agreements, including: Accounting, Insurance, Medicine, Law, Architecture, etc. of New Jersey.

Jewelry and related use lease agreements. 

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

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 contract agreements. 

Gas station and related use lease agreements of New Jersey.

Restaurant and related use lease contract agreements. 

Food establishment and related use lease agreements of New Jersey.

Deli and bodega related use lease contract agreements. 

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

Bar and tavern related use lease contract agreements. 

Parking space and garage related use lease agreements of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

Religious institution and related use lease contract agreements. 

Church and related use lease agreements of New Jersey.

Morgue and related use lease contract agreements. 

Synagogue and related use lease agreements of New Jersey.

Buddhist temple and related use lease contract agreements. 

Hinduism temple and related use lease agreements of New Jersey.

Non-profit and related use lease contract agreements. 

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

Lease sales back terms lease contract agreements. 

Lease agreement contracts with option to purchase clause of New Jersey.

Development site lease contract agreements. 

Tax favored lease agreements of New Jersey.

Farming related lease contract agreements. 

Agriculture and related use lease agreements of New Jersey.

Livestock related use lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm. 

Poultry related use lease agreements of New Jersey.

Timber related use lease contract agreements. 

Mineral rights related use lease agreements of New Jersey.

Oil drilling related use lease contract agreements. 

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

Riparian and water rights related use lease contract agreements. 

Buffet-style restaurant use lease agreements of New Jersey.

Dining hall use lease contract agreements. 

Landlord-focused and customized lease agreements of New Jersey.

Tenant-focused and customized lease contract agreements.

Construction project centered lease agreements of New Jersey.

Condo lease contract agreements. 

Co-op lease agreements of New Jersey.

Condo co-op lease contract agreements. 

Condo-type building premises lease agreements of New Jersey. Phone: (212)–922–0005. Kiritsis Law Firm.

Co-op-type building premises lease contract agreements. 

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

Single family dwelling lease contract agreements. 

Two family dwelling lease agreements of New Jersey.

Three family dwelling lease contract agreements. 

Hair saloon and related use lease agreements of New Jersey.

Municipal related use lease contract agreements. 

Governmental entity organization related use lease agreements of New Jersey.

Hostel and other related use lease contract agreements. 

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

Master lease contract agreements. 

Co-op propriety lease agreements of New Jersey.

Hypothecating, equity-utilization, leveraging lease contract agreements. 

Drafting lease agreements of New Jersey.

Negotiating lease contract agreements. Phone: (212)–922–0005. Kiritsis Law Firm.

Lease agreement and document review services of New Jersey.

 

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

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:

 

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

New Jersey Institute of Continuing Legal Education

 

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)

Berg Agency v. Sleepworld–Willingboro, Inc., 136 N.J. Super 369 (App. Div. 1975)

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

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

Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
1st Floor

New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
2nd Floor 

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