Kiritsis & Associates

 

Watch out for "exclusive use" provisions in New Jersey commercial lease agreements.

Jul 8, 2021

Law Offices of Kiritsis & Associates. Phone: 212-922-0005

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

 

A well-drafted lease should fully detail what premises the tenant may exclusively use. 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.   New Jersey real property law does NOT include personal property. The lease should describe specific uses a party may utilize the property.
 

Unlike New York, where county level rules and idiosyncrasies, may be of substantial importance to the enforcement [ability] and interpretation of real property lease agreements, in New Jersey, the county-wide type of applicable regulatory provisions, may have a more subdued effect, as it pertains to their role in interpreting and legally enforcing real property lease contracts.

 

Many of the lease agreements (especially, many of the ones created through do-it-yourself autogenerating software or bare-bone store sold templates) did not account the catastrophic damages, that would inflict landlords and tenants after COVID-19.

 

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.

Warehouse storage lease agreements. Call our law offices at (212)–922–0005

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

Roommate use lease contracts. 

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

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

Deli and bodega related use lease contracts. 

Liquor store and other 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. Call our law offices at (212)–922–0005 

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. 

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

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

Multi-family 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. 

Carwash and other related use lease agreements. 

Florist, botanical, and horticulture use lease contracts. 

Hair saloon and related use lease agreements. Call our law offices at (212)–922–0005 

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. 

Drafting lease agreements.

Negotiating lease contracts.

Lease agreement and document review services. Call our law offices at (212)–922–0005

 

We offer prospective clients services throughout the state of New Jersey, including the following counties:

 

Atlantic

Bergen

Burlington

Cape May

Cumberland

Essex

Gloucester

Hudson

Hunterdon

Mercer

Middlesex

Monmouth

Morris

Ocean

Passaic

Salem

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

New Jersey Revised Uniform Limited Liability Company Law

New Jersey Lawyer Magazine

 

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
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