When working to remedy a problem between a landlord and a tenant the first question that one should ask is whether a written lease exists between the parties. The absence of a written lease does not mean that a tenancy does not exist. If one lives on someone else's property and the parties exchange funds, there most likely is a landlord-tenant agreement. Written leases must comply with New Jersey's Plain Language Law (N.J.S.A. 56:12-1), which requires that the language be simple and understandable. However, if a written lease exists it should contain the following provisions:
Provision #1: Term and Rental - reservation of the rent should be made by stating the amount due for the year and the amount for each monthly installment
Provision #2: Sublet Clause - negotiation should be undertaken to require that the landlord accept any reasonable sublessee
Provision #3: Pet Clause - a provision should be made to allow a tenant to keep a pet or the landlord to exclude said pet
Provision #4: Late Charge - a reasonable late charge should be negotiated to protect the landlord
Provision #5: Attorney's Fees - a provision should be made for reasonable attorney's fees to be paid to the prevailing party should a dispute arise between said parties
Provision #6: Rent Due Date - this provision can be combined with Provision #1, but if not then a date certain should be set for when rent is due
Provision #7: Landlord Access - a provision should be made for the landlord to access the property for (i) inspection; (ii) repair or (iii) showings prior to the termination of the lease
Provision #8: Reenter Clause - reservation should be made for the landlord to reenter the property if the tenant breaches a lease covenant
Provision #9: Casualty or Condemnation - a provision should be made to terminate the lease upon (i) condemnation by a public authority; (ii) fire; (iii) flood or (iv) some other casualty to the property
Provision #10: Reasonable Rules - negotiation of reasonable rules should be undertaken to deal with issues such as (i) noise; (ii) signs or (iii) proper disposal of garbage
Provision #11: Reservation of Rights - reservation of rights for claims and causes of action that arose in prior lease terms should be included and such reservation should also be placed in any renewal offer
There is much more negotiation involved in commercial leases. Additional provisions are included that one would not necessarily see in a residential lease.
The Law Offices of Matthew L. Holden, LLC is a New Jersey real estate and general practice law firm representing clients throughout New York and New Jersey. Founded by Matthew L. Holden, The Law Offices of Matthew L. Holden, LLC is located in Hackensack, New Jersey.
