This office lease clause states that the tenant shall be entitled to a conditional rent credit against each monthly installment of fixed rent payable during such rent credit period, but during such rent credit period the tenant shall otherwise be required to comply with all of the other terms, covenants and conditions of this lease on the tenant's part to be observed and performed, including but not limited to, payment of any increases in fixed as long as the tenant is not in default.
Title: Understanding New Jersey Rent Abatement Clause Providing for a Landlord Remedy and Damages: Types and Detailed Description Keywords: New Jersey rent abatement clause, landlord remedy, damages, types, detailed description Introduction: The New Jersey rent abatement clause, also known as a landlord remedy, is an essential provision that safeguards landlords' rights in the event of a tenant's breach of lease agreement or property damage. This article aims to provide a detailed description of the different types of New Jersey rent abatement clauses and their corresponding landlord remedies and damages. 1. Types of New Jersey Rent Abatement Clauses: a. Damage-Based Rent Abatement Clause: This type of clause allows a landlord to abate or reduce a tenant's rent in situations where the leased property or its amenities have been damaged due to the tenant's actions or negligence. b. Breach of Lease Rent Abatement Clause: This clause permits a landlord to abate or withhold rent when a tenant fails to comply with specified terms of the lease agreement, such as non-payment of rent, unauthorized subletting, or illegal activities on the premises. c. Quiet Enjoyment Rent Abatement Clause: Under this clause, a landlord can abate rent if the tenant's quiet enjoyment of the property has been disturbed or compromised due to the landlord's failure to address significant issues, such as the inability to fix essential utilities, repeated intrusions, or health and safety concerns. 2. Landlord Remedies: a. Compensation for Property Damage: In situations where a tenant causes damage to the leased property, the landlord is entitled to seek compensation for repairs, restoration, or replacement of the damaged items. The abatement clause ensures that the costs incurred are deducted from the tenant's rent. b. Lease Termination: When a tenant breaches the lease agreement and the breach is substantial, the landlord has the right to terminate the lease and seek eviction. The abatement clause serves as a legal remedy for landlords to enforce this action. c. Legal Recourse: If a tenant's breach of lease agreement or negligence causes significant financial loss to the landlord, the landlord can pursue legal action to recover damages beyond rent abatement, including lost rental income, attorney fees, and court costs. 3. Damages and Compensation: a. Rent Reduction: The New Jersey rent abatement clause permits landlords to reduce the tenant's rent by a reasonable amount corresponding to the duration or severity of the breach, damage, or disturbance caused by the tenant's actions. b. Security Deposit Forfeiture: In some cases, the abatement clause empowers landlords to withhold or partially forfeit the tenant's security deposit to compensate for damages or unpaid rent. c. Tenant's Liability: The abatement clause reinforces a tenant's financial liability for any damages or losses caused by their breach of lease agreement or negligence, ensuring that the tenant fully compensates the landlord for the incurred costs. Conclusion: Understanding the New Jersey rent abatement clause and its various types is crucial for both landlords and tenants. Landlords can effectively protect themselves and their property by including this provision in their lease agreements, while tenants should be aware of their responsibilities and potential consequences. It is always advisable for both parties to seek legal advice when dealing with rent abatement issues to ensure fair and proper enforcement of their rights and obligations.
