CCDA Accessibility Compliance for Businesses: "Myths and Misconceptions"

7. I do not own the building, so I am not liable for accessibility.

The ADA is directed to businesses, not just property owners. Nearly all ADA lawsuits are filed against both the operating business owner (tenant) and the property owner (landlord).

Compliance is not only the landlord’s responsibility. Both the lessor and lessee are responsible and liable for the accessibility of the facility. If you lease or rent a facility, it is advisable to have an agreement with your landlord that sets forth who is responsible for providing and maintaining the facility’s accessible features.

Under California law, lease and rental agreements must state whether the property was inspected by a CASp and, if so, whether or not the property is compliant with all applicable construction-related standards. The landlord must share the CASp report of the facility with you prior to execution of your lease.

Unfortunately, often the first time tenants learn that their lease agreement shifts onto them all the costs of ADA violations, including lawsuits - is after they get sued. The lease may require the tenant to indemnify the landlord for all the landlord’s expenses, including the landlord’s legal fees and costs of remediation. This expense can be devastating to a tenant business. The best time to have a conversation with your landlord is before a problem arises.