Question on Tenant Representation (simple retail lease)
I just had a landlord broker send over an email asking for a “use clause”.   Is that something the tenants are supposed to provide? We have already negotiated and they are just reviewing the financials.  
I have never run across this before.
[{"id": "i30vjfn", "text": "It sounds like in this case, since it\u2019s not coming from the landlord, you should have tenant\u2019s counsel try and ndraft as broad a permitted use as possible.", "replies": [{"id": "i31h06q", "text": "Or, just give your Tenant\u2019s actual use clause. \n\nThe broader the use clause, the more the likelihood a restriction comes into play. \n\nSide note, don\u2019t you know your tenants use clause??", "replies": [], "depth": 2}], "depth": 1}, {"id": "i314qr6", "text": "No offense, but if you don't know what a use clause is, you probably shouldn't be representing a retail tenant.", "replies": [], "depth": 1}, {"id": "i3178yn", "text": "I\u2019d you\u2019re still trading proposals and not yet to a lease doc, the landlord may just simply be asking you to confirm what your intended use is for the space. Whoever drafts the initial lease can insert the standard language they use covering permitted use.", "replies": [], "depth": 1}, {"id": "i3186ut", "text": "its normal for tenant to provide that in the LOI.  I've never specifically been asked for one though for the lease, thats the type of thing tenants lawyer can fine tune during review.", "replies": [], "depth": 1}, {"id": "i31brf9", "text": "Landlord has right to know what the Tenant's use is for the property.  Often this information is required well before the LOI.  My PMs ask this question right away.", "replies": [], "depth": 1}, {"id": "i32c9r9", "text": "Source:  retail LL\n\nI tell my people that the Use Clause is one of the most important terms in a retail lease (much more important in a multi-tenant property than a single-tenant property). I insist the Use Clause be as narrowly drafted as possible, because, as a LL, I need to control the co-tenancy and ensure no tenant violates another tenants\u2019 exclusive (always avoid exclusives whenever possible). Also, always add, \u201cand for no other use\u201d at the end of the Use Clause. An example would be, \u201cTenant may operate in the Demised Premises a restaurant serving alcohol and the cuisine from the county of ___________, and for no other use.\u201d  Always be as specific as possible.", "replies": [], "depth": 1}, {"id": "i32e4s2", "text": "Something is missing here....The tenants use is always one of the first discussions to determine whether or not the LL will approve of the use or not.", "replies": [], "depth": 1}, {"id": "i33tbry", "text": "Does this tenant have other locations? What have they done in the past? What's their use? Lol", "replies": [], "depth": 1}]