Landlord/Tenant Commercial Leasing Disclosures requiement; CASp Report
Effective in part 9/17/16*
This law requires a lessor to state on a commercial lease whether
or not the property has been inspected by a Certified Access
Specialist (CASp). Additionally, if the property has been issued an
inspection report by a CASp, indicating that it meets applicable
standards, the commercial property owner or lessor shall provide a
copy. If no report has been issued, then a specific disclosure
statement would be required. Prior to signing the lease, the
prospective lessee has the right to review an inspection report
issued by a CASp, if one exists, and may cancel lease within 72
hours after signing based on the report. This law goes into effect
immediately as of 9/16/2016, with one exception.
Existing law requires a commercial property lessor to state on every
lease form or rental agreement executed on or after July 1, 2013,
whether the property has been determined by a CASp to meet all
applicable construction-related accessibility standards. This new law will
require a statement as to whether or not the property has been inspected
by a CASp specialist for leases executed on or after January 1, 2017.
*This law is an urgency statute and goes into effect immediately.
Interpreting this law conservatively, all of the requirements described
below went into effect immediately, the day after signature by the
Governor, on September 17, 2016.
If the subject premises have been issued an inspection report by a
CASp, indicating that it meets applicable standards, the commercial
property owner or lessor shall provide a copy of the current disability
access inspection certificate and any inspection report to the lessee or
tenant within seven days of execution of the lease.
If the premises have not been issued a disability access inspection
certificate, then this law requires a statement on the lease form or rental
agreement as follows:
“A Certified Access Specialist (CASp) can inspect the subject
premises and determine whether the subject premises comply
with all of the applicable construction-related accessibility
standards under state law. Although state law does not require a
CASp inspection of the subject premises, the commercial property
owner or lessor may not prohibit the lessee or tenant from
obtaining a CASp inspection of the subject premises for the
occupancy or potential occupancy of the lessee or tenant, if
requested by the lessee or tenant. The parties shall mutually
agree on the arrangements for the time and manner of the CASp
inspection, the payment of the fee for the CASp inspection, and
the cost of making any repairs necessary to correct violations of
construction-related accessibility standards within the premises.”
This law also establishes a presumption that making repairs or
modifications necessary to correct violations of construction-related
accessibility standards that are noted in a CASp report is the
responsibility of the commercial property lessor unless otherwise agreed
upon by the parties to the lease.
It grants a prospective lessee the opportunity to review any CASp report
prior to execution of the lease, and if the report is not provided at least 48
hours prior to execution of a lease or rental agreement, the prospective
lessee has the right to rescind the lease or agreement, based upon
information in the report, for 72 hours after execution.
AB 2093 codified as Civil Code §1938. This law went into effect
immediately on 9/17/2016 with the exception of the requirement of
indicating whether the property has been inspected by a CASp specialist
for leases executed on or after January 1, 2017.