The award in the tenancy agreement is important because it may be the basis for the landlord to make a claim against the tenant. Such provisions may also require the tenant to be the owner with legal assistance in which the landlord is also the subject of an ADA action. However, it does not absone the owner of the responsibility of the ADA. Existing California legislation requires a commercial owner or lessor to indicate, for each lease signed after July 1, 2013, whether the property was established by a CASp inspector in order to meet the accessibility standards related to construction. A CASp inspector is a Certified Access Specialist (CASp), an ADA certified expert. CASp specialists check and report whether commercial buildings are accessible. In addition, tenants are not responsible for ADA offences committed in areas that are exclusively under the owner`s control. For example, in many cases, the tenant is not responsible for ADA violations in the parking lot or violations in the owner`s public business office. But an owner as owner of the property can be held responsible for ADA compliance on land that is leased to and controlled by a tenant. Therefore, if the tenant runs a restaurant, the owner may be held responsible for ADA violations in the restaurant. Thus, as the owner of the land, the owner has a potential ADA liability for the entire property – including the common areas and all real estate occupied by a tenant. If the property has not had a CASp inspection, the landlord or landlord must include this reference to a commercial lease: if you think you have protected yourself by adding a clause to your lease that makes the tenant responsible for ADA compliance in his premises, that is not enough.
You may need to change other rental clauses. If you do not, you could end up paying a fine for an ADA injury caused by the tenant. Or you might be forced to pay for costly changes to the ADA outside the tenant, which are necessary because of something the tenant has done. If the CASp report concludes that the building meets all applicable ADA requirements, the landlord or lessor must submit the Disability Access Inspection Certificate (Clearance) to the tenant within seven days of signing the lease. The purpose of section 1938 of the revised Civil Code is meritorious: to encourage commercial landlords and tenants to discuss the possibility of ADA violations in the building before signing a rental contract or before someone in a wheelchair sues the landlord and tenant for ADA offences. If the property has not been caSp inspected or has not been issued a disability access inspection certificate, the rental form must contain the following statement: As of January 1, California is adopting the ADA requirements at a new level for commercial leases. If you are a business owner, be careful. In order to avoid substantial liability, commercial landowners should review and modify their leases and leasing practices to comply with the revised 1938 Civil Code. This bill stipulates that the lessor is responsible for repairs, unless otherwise stipulated in the lease agreement.
If the property has been subject to a CASp review from January 1, the landlord must submit the CASp report to the tenant before signing the lease. Please note that the CASp inspection is not required. There are no California laws that require the services of a CASp. The Certified Access Specialist program was created as a voluntary measure to improve accessibility and reduce legal action. The new legislation establishes very specific language and information obligations. Well, any form of rental or rental agreement executed after January 1, 2017, would reveal to the owner/owner if the premises were verified by a CASp specialist.