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Category: Real Property Law

What is a Tenant’s Duty to Occupy Its Leased Premises?

Tenants may abandon their leased premises or “go dark.” What rights can a tenant have to do this and what rights and remedies does a landlord have when its tenant leaves the demised premises?

What is a Landlord’s Duty to Repair Leased Premises?

Under common law, a Landlord had no duty to repair the Demised Premises or the Common Areas unless that duty is included within the Lease. That rule still has vitality. Here is a short discussion of the rule and a sampling of Lease provisions that seek to allocate the repair responsibilities between Landlord and Tenant.

What is a Landlord’s Duty to Deliver Possession?

The basic bargain in a lease calls for a landlord to deliver exclusive possession of the premises to its tenant in return for the tenant paying rent. Here are a few thoughts about the landlord’s side of this bargain, including some lease provisions about delivery of possession of the premises.

As a Landlord to the State of New Jersey, What You Don’t Know Can Hurt You!

Landlords must always be aware of the limitations of New Jersey’s Contractual Liability Act when entering into rental agreements with the state. This Act significantly limits the time period in which a landlord may file a breach of contract claim against a state tenant.

  • Published: October 5, 2004
  • By Jamile Drew

Be Careful When Entering Into a New Lease With an Old Tenant

A new lease with the same tenant can serve to replace the old lease in some very surprising ways. Consider using an amended and restated lease instead.

Illegal Apartment Owners Beware!

The potential loss associated with renting illegal apartments may be far more then the gain.

  • Published: August 5, 2004
  • By Jamile Drew

A Short Diatribe on Granting and Crafting Exclusive Use Rights Provisions in Leases (with Samples)

Every exclusive use right granted to a tenant impairs the landlord’s ability to lease other space. But, sometimes the deal can’t be made without one. Here is an exploration of some of the issues involved in defining the exclusive use, limiting its effect, and what happens if it is violated.

To Recognize or Not to Recognize - That is the Question: Sublease Recognition Agreements

A subtenant is in a precarious situation. If its sublandord’s lease is terminated, even for a reason having nothing to do with the subtenant’s behavior, the subtenant can find itself out on the street, without a home. That makes it hard to be a subtenant and hard to be a sublandlord. That’s what recognition agreements are all about.

Landlord Lien Waivers: Law and Practice

Landlords and their tenant’s lender and equipment leasing companies compete for lien priority over the tenant’s assets. As a result, those lender and leasing companies frequently require consents and lien waivers from their customers’ landlords. Here are some practice pointers in preparing effective waivers and in responding to requests for them.

How Not to Go Dark at a Shopping Center: Advice for Tenants (and hope for landlords)

It may not matter that a tenant’s lease expressly permits it to abandon its shopping center premises so long as it keeps paying rent. In New Jersey, there is an implied covenant of good faith and fair dealing in all contracts (including leases), and, under some circumstances, that may require a tenant to keep operating its store even if the lease says otherwise.

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