Press & News

Ira Fierstein Published in Commercial Leasing Law & Strategy "Landlords: Beware of Noxious Use Restrictions"
07/15/2008

Ira Fierstein’s article, “Landlords: Beware of Noxious Use Restrictions," was published in the July 2008 issue of Commercial Leasing Law & Strategy. In his article, Ira discusses ways for landlords to limit typical restrictions that tenants usually try to impose upon landlords in shopping center projects.

As Ira notes in his article, it is customary for tenants to slap on a laundry list of prohibited or “noxious” uses and to require the landlord to subject the shopping center to these restrictions. He points out, “Particularly in mixed-use centers, but in many newer lifestyles centers as well, a landlord should be careful not to agree to only retail uses in the center.” Ira observes that many tenants will agree to limited “retail office” uses, such as real estate offices, beauty salons, packaging stores and professional offices. He adds that medical and dental clinics should also be allowed, provided they do not admit patients overnight.

In conclusion, Ira remarks, “Landlords and tenants must be willing to abandon their preconceived notions of the limited types of tenants that should be allowed in their centers… and in doing so, they will create a win-win situation for all parties.”