ADA compliance, tenant or landlord responsibility?

Question

Hello everyone,

So my commercial tenant is going to court with one of those ADA compliance warriors and it hasn't been completed yet, but I was wondering if it's ruled against my tenant, is it a tenant responsibility or a landlord responsibility to bring it up to compliance? Also can the building be grandfathered in? The commercial space is a 1st floor pizzeria and the property is located in Philadelphia.

Thanks

Marcia Maynard · Answer

If the commercial property is on a triple net lease (NNN) then it would fall on the tenant.

Shin Bo · Answer

Thanks for the tips, just wondering would ADA sections of the lease fall under a certain section or would it be its entire its own subsection usually?

I feel like this clause would be applicable in this situation in regards to the lease.

"Requirements of Public Authorities. Comply with any requirements of any of the constituted public authorities, and with the terms of-any state or federal statute or local ordinance or regulation applicable to Tenant or his use of the demised premises including alterations, repairs or improvements and indemnify Landlord from penalties, fines, costs, or damages"

Pat Klug · Answer

Hi Shin,

I would check out the "Landlord-Tenant Laws" on your state's website after you first check to see if it's addressed in the lease.  You can also research the ADA laws for commercial properties.  Good luck!

Pat

Thomas S. · Answer

How does your lease address the issue.