The Americans with Disabilities Act (ADA) creates numerous obligations for businesses. Employers with 15 or more workers typically need to accommodate workers with disabling medical conditions. Businesses of any size are subject to the ADA regulations for consumers and the general public.
Generally speaking, businesses should not discriminate against consumers on the basis of their medical conditions. They need to ensure that everyone has access to the same goods and services regardless of their medical challenges and functional limitations. ADA compliance for a business might involve creating an accessible website. Other times, they need their physical premises to be safe and accessible.
If a rented business space is not ADA-compliant, is the landlord or the tenant the party responsible for making changes?
Both parties may have a degree of responsibility
Under the ADA, both commercial landlords and business tenants could have obligations to the public. Either party could be vulnerable to ADA non-compliance allegations brought by frustrated individuals. Factors including the terms of the lease influence who is most exposed in such scenarios.
If the tenant signed a triple net lease that makes them responsible for all maintenance and repair costs, their landlord might be able to hold them at least partially accountable for the costs associated with making the facility more accessible. In scenarios where the landlord assumes all responsibility for maintenance and repairs, such as when a tenant rents one office in a large building, then the liability may primarily fall to the landlord.
In some cases, both parties may need to negotiate to reach an arrangement in which they share responsibility and the costs of becoming ADA compliant. After all, each party could be vulnerable if ADA litigation occurs.
Business tenants looking for rental space may need to consider accessibility when evaluating their options. Particularly if they intend to see customers or clients in person, ADA compliance can influence whether or not a specific rental property meets the needs of the business.
Having help when evaluating a property, responding to a complaint or preparing for negotiations can make all the difference for those who sign commercial leases as tenants or landlords. Disability accommodations are among the many potential complicating factors that can impact commercial tenancies.