After 30+ years in the business, it takes a lot to surprise me—but this lease clause did just that. In this episode, I share the unique situation that forced me to rethink how I approach use clauses. A tenant with a one-of-a-kind concept insisted on “any lawful retail use” as a condition of the lease. My initial reaction? No way. But what followed was a negotiation that pushed both sides to get creative.

I walk through the four protections I added—including noxious use exclusions, existing tenant conflict language, and even a recapture clause—all while preserving the deal and protecting my asset. If you’ve ever dealt with an assignment clause that felt like a landmine, or a tenant who had no potential assignee, this episode will give you a new playbook.

Key Insights:

✔️ Narrow use clauses protect your center—but sometimes, compromise is required

✔️ “Any lawful use” isn’t always risky—if structured carefully

✔️ Noxious use exclusions help future-proof your lease against shifting laws

✔️ Active negotiations and LOIs should also block conflicting assignments

✔️ A recapture clause gives landlords control in grey areas

✔️ Early negotiation (at LOI stage) helps avoid legal standoffs later