New Requirement in Commercial Leases Effective July 1

By Laurie Murphy

Laurie Murphy

As of July 1,2013, all commercial leases must include a provision indicating whether the leased premises have been inspected by a certified accessibility specialist and if so whether the premises meet all the federal and state accessibility requirements. 

The provision is Civil Code section 1938. This statute compliments a larger statutory scheme enacted in 2012 (Civil Code sections 55.51-.55.57) designed to curb predatory lawsuits by Plaintiffs claiming damages for failing to maintain premises compliant with state and federal accessibility laws.  I had one such case of a client recently where the plaintiff had brought over 50 such lawsuits.
 
Because the landlord is strictly liable for statutory damages so long as a non-compliant conditions exist, landlords nearly always pay the statutory amount which makes them easy targets for lawyers who file these cases most of whom have a stable of professional plaintiffs who are disabled and who troll the area looking for establishments to sue.  The inspection by such a specialist can limit damages sought and/or provide the basis for a stay in litigation.  Commercial landlords are well advised to familiarize themselves with these new laws. 
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