Building Better Leases Series: Americans with Disabilities Act

Building Better Leases

The Lessor makes no warranty or representation regarding the Premises and compliance with the Americans with Disabilities Act (ADA) since the compliance with ADA is dependent on the Lessee’s Use. The Lessee is responsible for the costs of any modifications in the event that modifications for ADA compliance are required as part of the Lessee’s use.

Currently, there are not standards for enforcing ADA. Typical, when improvements or modifications are made to the Premises, then part of the process involves updating the Premises to comply with ADA standards. The type of property will lead to more strict or flexible enforcements. For example, a retail space that caters to the general public will want to comply with the current ADA standards whereas a warehouse would not be as strictly enforced.