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Landlord and Tenant Archives

California's New Commercial Lease CASp Disclosure Requirement: Costs and Benefits to Owners, Landlords, and Tenants

At the end of 2012, a new law went into effect requiring all commercial leases executed on or after July 1, 2013 to contain an additional disclosure. Civil Code section 1938 requires a commercial property lessor - meaning a property owner/landlord - to disclose whether a Certified Access Specialist, referred to as a "CASp," has inspected the leased premises. CASps are trained by a State of California program to inspect and render professional opinions to property owners, landlords, and tenants, as to whether a property complies with construction-related accessibility standards under state and federal law - for example, the California Building Code and the Americans with Disabilities Act. Under Civil Code section 55.53, CASps are required to write a written report after inspecting a property that states whether it complies with all construction-related accessibility standards. If the property does not comply, the report describes what conditions need correction and provides a schedule with a "reasonable timeframe" for such corrections.

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