When buying business property does it have to fit into a type?

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When buying business property does it have to fit into a type?

I plan to rent property for a Internet cafe, the
place Im looking at says its purpose is retail.
Am I able to rent a place that says
office/retail/food and use it for a different
purpose?

Thank you for taking the time to read this

Asked on May 30, 2019 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

As a general matter, legally you can--a description of a property's intended or anticipated or past uses is not binding. That said:
1) Zoning: make sure that the proposed location is zoned for what you want to do and that your proposed use is otherwise permitted. Some cities have started regulating or restricting internet cafes, for example, since some are used for illegal online gambling; check local ordinances about internet cafes specifically, as well as the zoning laws more generally.
2) If you would be taking over an existing lease, you are bound by any restrictions in that lease as to permitted uses--the lease is a contract, and can impose restrictions beyond those imposed by law. So it taking over an existing lease, review it to make sure you can do this there. 


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