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What You Need to Know About Exclusive Use Clauses in NJ Real Estate

What You Need to Know About Exclusive Use Clauses in NJ Real Estate

Author: Victor E. KinonDate: August 23, 2016

Exclusive use clauses are frequently found in New Jersey commercial leases, particularly standard contracts for retail space. Therefore, it is imperative for commercial tenants and landlords to understand the potential legal implications.

In basic terms, an exclusive use provision in a commercial real estate lease grants a tenant the right to operate a particular use exclusively within a defined building or shopping center. For instance, a children’s clothing store may negotiate a lease provision that prohibits the landlord from renting space to another business selling children’s clothing. Depending on the terms of the provision, it would likely not prevent the landlord from leasing space to a children’s toy store or an adult clothing store.

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