Author: droberts

A renewal option contained in a lease agreement can be a vital provision for the success of a business owner. When negotiating a commercial lease, it is essential that a tenant take into consideration various factors when determining the term of the lease such as the nature of the business, the rent amount and the length of time the business has been operating. Perhaps the most important factor to consider is the location of the leased premises, which will invariably dictate whether the lease is long term or short term.

If you are denied the issuance of a permit on the basis that the proposal violates the zoning ordinance, you may wish to seek an appeal of the zoning officer’s decision. An appeal of any order, requirement, decision or refusal made by an administrative officer based on the zoning ordinance is brought by an appellant to the zoning board of adjustment. N.J.S. 40:55D-70a. The review of the decision by the board is to determine whether there was an error under the provisions of the zoning ordinance and applicable statutes.

On Monday, January 18, 2010, as one of his last acts before leaving office, former Governor Corzine signed an Amendment to the Permit Extension Act (A4347) (the “PEA Amendment”) further extending the validity of most land use and construction approvals and permits (hereinafter “Approvals”), which would otherwise expire, until at least December 31, 2012.

Although the downturn in the economy has brought many obstacles to small business owners, it has also created opportunities that can provide leverage to foster growth and financial security for the future. An important example of this is the give-and-take that occurs between landlord and tenant in the negotiation of new commercial leases and the renegotiation of existing ones. Indeed, a carefully drafted, and well thought out lease agreement can serve to protect and enhance the viability of a business.