Legal Question in Real Estate Law in New Jersey

Legal Language Question: I am signing a contract for a 5 yr lease of a commercial kitchen. Does the following clause give me an option to get out of it early, at 2 1/2 years with 9 months notice??

16th: The Tenant agrees to permit the Landlord and the Landlord's agents, employees or other representatives to show the premises to persons wishing to rent or purchase the same, and Tenant agrees that on and after six (6) months next preceding the expiration of the term hereof, the Landlord or the Landlord's agents, employees or other representatives shall have the right to place notices on the front of said premises or any part thereof, offering the premises for rent or for sale; and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. Landlord agrees with nine (9) month written notice to relieve the tenant of any obligations to continue the lease term at the expiration of the nine (9) month period after the first thirty (30) months.


Asked on 4/21/11, 2:07 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You really will need to hire a lawyer to help you with this. Frankly, it is not all that clear.

Robert Davies, Attorney 201 820 3460

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Answered on 4/21/11, 2:12 pm
Barry Gartenberg Barry F. Gartenberg LLC

The language is, in the abstract, unclear. And, it is very usual to place a termination clause in a paragraph that deals with, essentially, the landlord's right to "show" the property. I can answer your question if I review the lease and discuss it with you. Please contact me so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 4/22/11, 6:41 am


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