Use the word “solely” to describe a tenant’s permitted use of the leased property or you could end up being saddled with other uses you neither anticipated nor desired. Thus, a lease clause stating that a “Tenant shall use the Premises” for sale of baked goods, practicing law, or any other specified purpose that’s not preceded by “solely” or “only” opens up a giant loophole for tenants to use the premises for not only the stated purpose but additional, non-stated purposes as well.   

It's simple logic. If I tell you that you’re allowed to do X, it doesn’t necessarily mean that you’re allowed to do only X and that you’re not also allowed to do Y and Z. What may be mere semantics in everyday life is a potential game changer in the context of commercial leasing. Keep in mind that when lease disputes end up in court, judges interpret the language narrowly against the interests of the landlord that drafted the agreement. That, of course, includes disputes over the scope of a use clause. 

Example: A court may be reluctant to interpret a clause permitting use of the premises “for the sale of baked goods” without the word “solely” as limiting a bakery’s right to sell other food and even non-food items, including items that you don’t want tenants to sell at your property or that are subject to another tenant’s exclusive. 

Solution: As long as you’re aware of this potential trap, you can easily avoid it by simply adding the word “solely” or “only” to the description of the tenant’s permitted use. Better yet, add a sentence to specify that the tenant may not use the premises for anything but the stated permitted purpose. 

MODEL LEASE LANGUAGE

Use of the Premises: Tenant shall use the Premises solely for the purpose of conducting the business of [insert specified permitted purpose], and Tenant shall not use or permit or suffer the use of the Premises or any part thereof for any other business or purpose.