August 17, 2017

August 17, 2017

Subscribe to Latest Legal News and Analysis

August 16, 2017

Subscribe to Latest Legal News and Analysis

August 15, 2017

Subscribe to Latest Legal News and Analysis

August 14, 2017

Subscribe to Latest Legal News and Analysis

It's Time to Update Your Real Estate Forms (at Least in California)

If you are the owner of commercial real estate in the State of California then a recent change in California law will require you to update your lease forms. Effective July 1, 2013, all commercial leases must indicate in the lease whether or not the property has been inspected by a Certified Access Specialist (CASp).

Section 1938 of the California Civil Code provides that 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 CASp and if so whether the property has or has not been determined to meet all applicable construction related accessibility standards. A CASp is a professional licensed by the State of California to assess a commercial property's compliance with federal and state disability related laws and regulations. The CASp is trained and certified to identify areas of non-compliance with accessibility standards and report those results to the property owner.

The new law does not include any specific penalty for failure to make the disclosure. It also does not require the owner to obtain the actual inspection. However, failure to comply with the law could create other practical issues for owners of California commercial real estate including the raising of the issue if the owner is involved in any Americans with Disabilities Act litigation. Failure to include the language could serve as evidence in any such litigation as to the owner's knowledge of access requirements or intent to comply with the applicable laws. This is especially critical in California given its reputation for being one of the most litigious ADA states in the country.

©2017 von Briesen & Roper, s.c

TRENDING LEGAL ANALYSIS


About this Author

Chris A. Jenny, Corporate, Construction, Estate, Attorney, von Briesen, law firm
Shareholder

Chris A. Jenny is a Shareholder in the Madison office of von Briesen & Roper, s.c. He focuses his practice on representing business owners in a wide variety of niche markets to become more profitable while minimizing their risk and expenses. Chris’s practice has a heavy concentration in the real estate, construction, and information technology industries. This practical experience is a tremendous benefit to the contractors, suppliers, landlords, tenants and real estate developers he represents. Chris’s construction...

608-661-3973
William West, Mergers Acquisitions Attorney, Von Briesen, corporate governance lawyer, business formation legal counsel, succession planning, commercial real estate law
Shareholder

Bill West is a Shareholder and serves as the Chair of the Firm’s Business Section, which is comprised of more than 30 attorneys practicing in the various core business specialty areas. Bill also chairs the Firm’s Mergers & Acquisitions Practice Group.

Bill’s clients look to him as a trusted advisor and rely on his ability to achieve their desired outcome in a practical, timely and cost-effective manner. He has more than 25 years of experience representing clients in a wide spectrum of business and corporate transactions.

Bill represents a wide variety of clients in a diverse range of industries including manufacturing; construction material and supply; packaging; telecommunications; distribution and supply; technology and licensing and professional services.

His clients include public and privately held companies engaging in a wide variety of domestic and international transactions including stock and asset acquisitions, mergers, reorganizations, divestitures and restructurings.

Bill is also co-chair of the firm's Retail Real Estate section. He has a broad real estate practice and represents clients nationwide in the purchase and sale of commercial real estate. Bill has a national practice handling the retail real estate leasing needs of both tenants and landlords.

414-287-1375