It happens a lot where a person, group of people, or an entity leases a commercial building only to find out after signing the lease agreement that the Americans with Disabilities Act (ADA) compliance is not what it should be. How can this happen?

One reason is that there is no requirement for the tenant who leases a commercial building to have an ADA compliance inspection. Or any other inspection for that matter. Many tenants will attempt to do some due diligence by having a commercial building inspection that covers structural, electrical, mechanical (HVAC), and plumbing systems completed by a professional inspector or a specialist. Others go so far as to have environmental inspections for mold, asbestos, or lead. But few get around to an ADA inspection. Unfortunately bringing a building up to compliance with the ADA can cost thousands of dollars. Settling an ADA lawsuit can cost even more. But the new tenant does not understand this until a written complaint arrives from a plaintiff’s attorney. Remember, tenants are equally responsible for ADA compliance of a building as is the owner.

So it is recommended that before you close on a new building lease agreement, include an ADA compliance inspection in your due diligence. A few thousand dollars spent before you close can save you tens of thousands of dollars later on.

If you are leasing a commercial building and wish to take action to ensure the facilities are compliant with the ADA Standards, or need help developing a policy/program for ADA compliance, or know of a building that is not ADA compliance, please contact Richard Acree at 615-752-0060 or inspections4ada@gmail.com.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.