Jersey City, NJ asked in Real Estate Law and Landlord - Tenant for New Jersey

Q: Can other types of assets (i.e., equipment, other physical property) also be included in a residential lease?

Specifically, can other types of assets (i.e., equipment, other physical property, etc.) external to the residential housing unit be leased to a tenant via a binding lease agreement? Today, a tenant could lease an apartment that includes a parking space and storage unit, and usually these assets are written into the lease. However, if I owned an apartment unit and a piece of machinery or other form of physical property external to the apartment unit, would I be able to lease both the apartment and external piece of property to a tenant under a single lease?

1 Lawyer Answer
Matthew Schutz
Matthew Schutz
  • Landlord Tenant Lawyer
  • Flemington, NJ
  • Licensed in New Jersey

A: Your lease can include non-real estate items. In a residential tenancy typically these things are refrigerators, dishwashers, washer dryers, and other typical household goods. In a commercial or industrial setting and can include equipment relevant to the tasks at hand.

I would also include a discussion of who is responsible for what maintenance of the equipment. If that is not included you will probably be held responsible as landlord.

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