California Civil Code Section 1938 states 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 Certified Access Specialist (CASp), and, if so, whether the property has or has not been determined to meet all applicable construction-related accessibility standards pursuant to Section 55.53.”
Thus, the plain language of the statute appears to require that the commercial landlord: (1) disclose whether the Landlord has obtained a CASp of the “leased premises”; (2) and if a CASp inspection has been done, then the Landlord must disclose whether the leased premises was found to have met all construction related accessibility standards. The statute, as written, does not appear to require the Landlord to list out each and every accessible barrier identified in the CASp inspection; only whether Landlord has had a CASp inspection done, and whether that inspection revealed any accessibility barriers.
If you are a commercial property owner or manager and have questions about your requirements under Section 1938, please contact one of our commercial lease attorneys today for a free consultation.