ADA Frequently Asked Questions
Category: Title III: Places of Public Accommodations
Question: #41
Who is responsible for physical access in leased places of public accommodation?
Answer:
Landlords and business or non-profit tenants covered under Title III of the ADA both have legal obligations to remove physical barriers. However, both parties are allowed to decide by lease or other contractual method who will be responsible for making changes to a particular portion of the facility. For example, landlords may retain the right to make physical modifications to the parking lot, building exterior, and common areas while the tenant may only be responsible for making physical modifications inside their leased space.
In addition, alterations made by a tenant to their leased space would not trigger the landlord to make alterations to areas outside of this space.
However, both parties remain legally responsible for full compliance with the ADA, regardless of leasing or other contractual agreements.
Resource(s):
In addition, alterations made by a tenant to their leased space would not trigger the landlord to make alterations to areas outside of this space.
However, both parties remain legally responsible for full compliance with the ADA, regardless of leasing or other contractual agreements.
Resource(s):
