New Jersey office lease agreement template

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How New Jersey office lease agreement Differ from Other States

  1. New Jersey law requires landlords to register commercial properties with local authorities, which is not always required in other states.

  2. Security deposit interest must be paid to tenants annually in New Jersey, a rule that does not apply uniformly across the U.S.

  3. New Jersey provides specific statutes addressing lease termination and holdover tenants, offering unique protections for both parties.

Frequently Asked Questions (FAQ)

  • Q: Is a written lease agreement required for commercial office rentals in New Jersey?

    A: While not legally required, a written lease is strongly recommended to clarify the terms and protect both parties.

  • Q: Are there limitations on the security deposit amount for office leases in New Jersey?

    A: Yes. In New Jersey, commercial landlords cannot demand a security deposit greater than one and a half months’ rent.

  • Q: Does New Jersey law require the landlord to pay interest on the office lease security deposit?

    A: Yes, landlords must pay annual interest on security deposits and notify tenants about the interest amount earned.

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New Jersey Office Lease Agreement

This New Jersey Office Lease Agreement (the “Lease”) is made and entered into as of this [Date], by and between [Landlord Name/Business Entity Name], a [State of Formation] [Entity Type] with its principal place of business at [Landlord Address] (“Landlord”), and [Tenant Name/Business Entity Name], a [State of Formation] [Entity Type] with its principal place of business at [Tenant Address] (“Tenant”).

1. Premises

The Landlord leases to the Tenant, and the Tenant leases from the Landlord, the following described premises (the “Premises”):

  • Street Address: [Street Address], [Municipality], New Jersey
  • Tax Block/Lot Number: Block [Block Number], Lot [Lot Number]
  • Suite/Floor Number: Suite [Suite Number] / Floor [Floor Number]
  • Rentable Square Footage: [Square Footage] square feet
  • Office Layout: [Description of rooms, shared/exclusive areas, restrooms, breakrooms, access to elevators/stairs]
  • Parking Allocation: [Number of Spaces], Location: [Parking Location Description]

2. Use of Premises

  • Option A: The Premises shall be used solely for general office purposes.
  • Option B: The Premises shall be used solely for [Specific Type of Office Use, e.g., accounting, legal services] purposes.

The Tenant shall not use the Premises for any other purpose without the Landlord’s prior written consent. No subletting, assignment, or license of the Premises is permitted without Landlord's prior written consent, which consent shall not be unreasonably withheld in accordance with New Jersey law. The Tenant shall comply with all applicable New Jersey zoning ordinances and regulations.


3. Term

The term of this Lease shall commence on [Start Date] (the “Commencement Date”) and shall expire on [End Date] (the “Expiration Date”), unless sooner terminated as provided herein.

  • Option A: Renewal Option: The Tenant shall have the option to renew this Lease for one (1) additional term of [Number] years. To exercise this option, the Tenant must provide written notice to the Landlord not less than [Number] months prior to the Expiration Date.
  • Option B: Early Termination: Tenant shall have the option to terminate this lease early by providing [Number] months’ written notice to Landlord, and paying a termination fee equal to [Number] months of the then current rent.

4. Rent

The Tenant shall pay to the Landlord base rent (the “Base Rent”) in the amount of [Dollar Amount] per year, payable in equal monthly installments of [Dollar Amount], in advance, on the first day of each month during the Term.

Additional Rent:

  • Option A: Tenant shall also pay, as additional rent, its proportionate share of operating expenses, real estate taxes, insurance, and common area maintenance (CAM) fees. Tenant's proportionate share is [Percentage]% of the total expenses for the building.
  • Option B: Rent includes operating expenses, real estate taxes, insurance, and CAM fees.

5. Security Deposit

The Tenant shall deposit with the Landlord a security deposit in the amount of [Dollar Amount].

The security deposit shall be held in a separate interest-bearing account as required by New Jersey law, if the deposit exceeds an amount equal to three months rent. The Landlord may use the security deposit to cover any damages to the Premises caused by the Tenant, subject to normal wear and tear. The security deposit, less any deductions, shall be returned to the Tenant within thirty (30) days after the Expiration Date and Tenant's surrender of the Premises in accordance with the Lease terms.


6. Maintenance and Repairs

  • Option A: Landlord’s Responsibilities: The Landlord shall be responsible for maintaining and repairing the structural elements of the building, including the roof, foundation, and exterior walls. The Landlord shall also be responsible for maintaining the common areas of the building.
  • Option B: Tenant’s Responsibilities: The Tenant shall be responsible for maintaining the interior of the Premises, including the plumbing, electrical, and HVAC systems serving the Premises. Tenant will maintain the interior in good order and repair, and will promptly notify landlord of any damage or defects in the Premises. Landlord's responsibility for repairs to the Premises will be limited to structural elements and systems outside of Tenant's control.

7. Utilities

  • Option A: The Landlord shall provide water, gas, and electricity to the Premises. The Tenant shall pay for its own telecommunications and internet services.
  • Option B: The Tenant shall be responsible for paying for all utilities consumed at the Premises, including water, gas, electricity, telecommunications, and internet services.

8. Alterations and Improvements

The Tenant shall not make any alterations or improvements to the Premises without the Landlord’s prior written consent, which consent shall not be unreasonably withheld. Any alterations or improvements made by the Tenant shall become the property of the Landlord upon the expiration or termination of this Lease. All work must be performed in accordance with the New Jersey Uniform Construction Code and require necessary permits.


9. Insurance

The Tenant shall maintain comprehensive general liability insurance with minimum coverage of [Dollar Amount] per occurrence and property casualty insurance covering Tenant's personal property and improvements to the Premises. The Landlord shall be named as an additional insured on the Tenant’s insurance policy. The Tenant shall provide the Landlord with a certificate of insurance evidencing such coverage. Landlord shall maintain its own insurance on the building.


10. Indemnification

The Tenant shall indemnify and hold the Landlord harmless from any and all claims, damages, losses, and expenses arising out of the Tenant’s use of the Premises, except to the extent caused by the Landlord’s negligence or willful misconduct.


11. Default

If the Tenant fails to pay rent when due or otherwise breaches any provision of this Lease, the Landlord may terminate this Lease and pursue all available remedies under New Jersey law, including eviction. Tenant shall have [Number] days to cure any monetary default.


12. Subordination, Non-Disturbance, and Attornment

This Lease shall be subordinate to any existing or future mortgage or deed of trust encumbering the building. Landlord shall provide Tenant with a Subordination, Non-Disturbance and Attornment Agreement (SNDA) from its lender, guaranteeing Tenant's right to continue its occupancy of the Premises, despite the mortgage.


13. Governing Law

This Lease shall be governed by and construed in accordance with the laws of the State of New Jersey.


14. Notices

All notices required or permitted under this Lease shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the parties at their respective addresses set forth above.


15. Entire Agreement

This Lease constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.


16. Brokerage Commission

[Broker Name], licensed real estate agent/broker represents the Landlord, and [Broker Name] represents the Tenant. Landlord is responsible for paying the broker's commission.


IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above.

Landlord:

____________________________

[Landlord Name/Business Entity Name]

By: [Landlord Authorized Signature Name]

Title: [Landlord Title]

Tenant:

____________________________

[Tenant Name/Business Entity Name]

By: [Tenant Authorized Signature Name]

Title: [Tenant Title]

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