Memorandum of Lease
(NJ)

Summary

This memorandum of lease template may be used to record the material terms of a lease of New Jersey real property for a term exceeding 2 years, or a lease for any term (including less than 2 years) if it contains a grant of a right with respect to real property. N.J. Stat. § 46:26A-2. This template contains practical guidance, drafting notes, alternate clauses, and optional clauses. Pursuant to N.J. Stat. § 46:26A-3, the memorandum of lease must be (1) in English or accompanied by a translation, (2) signed, (3) acknowledged or proved in accordance with New Jersey law, and (4) have the names of the signatories printed below each signature. The memorandum of lease should be recorded in the county where the real property is located. This template may be tailored to suit each transaction. For further discussion of a memorandum of lease, see Closing a Retail Lease Transaction — Memorandum of Lease. For information on commercial leasing in New Jersey, see Office Leasing Resource Kit (NJ) and Commercial Real Estate Leasing (NJ). For guidance on drafting and negotiating commercial leases, see Industrial Lease Agreements, Office Lease Agreements, Restaurant Lease Agreements, and Retail Lease Agreements. For further information on commercial leasing, see Industrial Leasing Resource Kit, Office Leasing Resource Kit, Restaurant Leasing Resource Kit, and Retail Leasing Resource Kit. See also Junior Associate Real Estate Resource Kit (Commercial Leasing).