ADA CASp Commercial Lease Provision has been developed by the Karlin Law Firm.
Here is a sample provision for attorneys to consider adding to California commercial leases. Other owners and property managers should not use this or any other form with haveing the entire lease reviewed with a California Real Estate attorney or lawyer:
Reminder regarding ADA info in new leases,
California Civil Code Section 1938
Effective July 1, 2013, a new lease disclosure requirement codified in California Civil Code Section 1938 affects owners and lessors of commercial property.
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California CASp Inspection: The premises described in this agreement being leased and the real property of which it is a part,
1. ( ) Has undergone inspection by a Certified Access Specialist (CASp), or
2. ( ) Has not undergone inspection by a Certified Access Specialist (CASp),and that the premises and property of which it is a part:
2(a) ( ) has been determined to meet all applicable construction-related accessibility standards pursuant to California Civil Code Section 55.53, or
2(b) ( ) has not been determined to meet all applicable construction-related accessibility standards pursuant to California Civil Code Section 55.53.
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The above form is intended to address the following new law:
Civil Code Section 1938, part of the legislation designed to limit unwarranted lawsuits brought under the Americans with Disabilities Act (ADA), provides as follows:
A commercial property owner or lessor shall state on every lease form or rental agreement executed on or after July 1, 2013 whether the property being leased or rented has undergone inspection by a Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53.