Who is responsible for making a commercial property ADA compliant?

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Brown exterior of a commercial building

12/03/2015 | Author: Editorial Staff

A new tenant in my commercial property says I’m responsible for modifications to the structure to make her store compliant under the Americans With Disabilities Act (ADA). I think the tenant is responsible for the changes within her storefront. Who should make the modifications?

Under the ADA, both a tenant and owner of a place of public accommodation are subject to compliance. However, allocation of responsibility for these changes may be determined (or negotiated) in your lease. Paragraph 15C in the TAR Commercial Lease (TAR 2101) provides that the party designated in the lease (determined by a check box) to maintain and repair the item must complete and pay the expenses of any governmental required modification, including ADA compliance.

Nevertheless, if the tenant is designated in the lease to maintain and repair an item and does not do so, a property owner could still be held responsible for the storefront’s noncompliance.

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Categories: Legal
Tags: legal faq, legal, property management, commercial


Nate Beck on 12/10/2015

Ok, so who is claiming ADA modifications are even required?  If it is a new build out then the architect of record will be required to file with TDLR and should be incorporated as part of the design, same goes for a remodel.  If she is performing renovations without a city permit and a TDLR submission she is proceeding at her own risk.  If it is part of the common area then it falls to the landlord, if within the lease space it is rent responsibility of the tenant

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