Action Required by California Commercial Landlords: New California Law Goes Into Effect July 1, 2013, Requiring Accessibility Disclosures in Commercial Leases

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and if so, whether the inspected premises have been determined to meet all applicable accessibility requirements.

The July 1, 2013, deadline set forth in the new Civil Code Section 1938 is rapidly See more +

On July, 1, 2013, Civil Code Section 1938 goes into effect and requires commercial leases executed on and after such date to disclose whether the premises being leased have been inspected by a Certified Access Specialist, and if so, whether the inspected premises have been determined to meet all applicable accessibility requirements.

The July 1, 2013, deadline set forth in the new Civil Code Section 1938 is rapidly approaching.

Landlords of commercial property should consult with experienced real estate counsel to:

Determine whether their property has been inspected by a CASp and to evaluate the findings of such inspection;

Based on whether or not a CASp inspection has been performed, draft and incorporate appropriate provisions into their commercial leases executed on or after July 1 to comply with Civil Code Section 1938; and

Review other relevant provisions of their commercial lease form, including compliance with law and indemnity provisions, to ensure the lease appropriately allocates accessibility related risk between Landlord and Tenant.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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