Your commercial lease assigns certain compliance obligations to you and others to your landlord. The Americans with Disabilities Act (ADA) may not follow this simple landlord-tenant split, so a lease allocation is worth reading alongside federal guidance.
ADA Compliance Obligations Apply to Both Landlords and Tenants
Title III of the Americans with Disabilities Act (ADA) covers businesses that serve the public and calls for an equal opportunity to access their goods or services (ADA.gov, verified November 7, 2026). ADA obligations can reach both the landlord and the tenant, whatever the lease says about maintenance and repairs. A lease that splits ADA costs between the parties may not change who can be named in a complaint, so read the allocation alongside DOJ guidance.
Readily Achievable Barrier Removal in Existing Buildings
For existing buildings (not new construction), ADA guidance covers removing physical barriers where that is "readily achievable"; see ADA.gov for the definition. What counts can depend on the size and resources of the business. For a large national retailer, installing a ramp may be readily achievable even if expensive. For a small shop in a historic building, the same installation might not be readily achievable. Examples of typically readily achievable modifications: installing a door handle that doesn't require grasping; rearranging furniture to create a clear path; installing grab bars in restrooms; adding ramp access where steps are the only entrance. Barriers left in place can lead to ADA complaints that name the landlord, the tenant, or both.
New Construction and Alterations Have Stricter Requirements
New commercial construction is covered by the ADA Standards for Accessible Design; see the official DOJ source. ADA alteration rules generally call for accessibility to the maximum extent feasible and may extend to the path of travel; see the ADA Standards. Local building codes and permit reviews often include accessibility requirements, so check with your local building department. Ensure your architect and contractor are ADA-knowledgeable and that your build-out plans include: accessible restrooms if your space includes any restrooms; accessible counter heights; adequate aisle widths; accessible parking spaces if you control parking.
Lease Language Allocating ADA Costs Doesn't Change Federal Liability
Your lease may say the landlord is responsible for ADA compliance in common areas and the tenant is responsible in the leased premises. This allocation generally matters between landlord and tenant (if the tenant does not keep its space compliant, the landlord may have a breach of lease claim). It may not limit enforcement against either party. Under the ADA, complaints may name tenants, landlords, or both, and lease allocations may not control; see DOJ guidance. Both parties have an interest in maintaining ADA compliance throughout the property.
ADA Due Diligence Before Signing Any Commercial Lease
Before signing a commercial lease for a customer-facing business: walk the property with ADA accessibility in mind; check for accessible parking (required ratio depends on lot size); confirm accessible path of travel from parking to your space; evaluate restroom accessibility if public restrooms are available; assess entrance accessibility (door width, threshold height, door hardware); and check whether any existing ADA barriers have been grandfathered or are subject to pending correction orders. An ADA accessibility consultant can survey the space and report likely modifications and their approximate cost, which is useful before committing to a multi-year lease.
Key Takeaways
- ADA obligations can reach both landlord and tenant, and the lease allocation may not change that
- Existing buildings raise readily achievable barrier removal questions, so consider an ADA survey before signing a retail lease
- New construction and alterations are subject to the ADA Standards for Accessible Design; see the official DOJ source.
- ADA compliance costs belong in your build-out budget — confirm scope with your architect before finalizing TIA amounts
- An ADA survey before signing is worth considering for customer-facing businesses in older buildings
Frequently Asked Questions
- Can I be sued for ADA violations even if the lease makes the landlord responsible?
- Yes. ADA complaints can name landlords, tenants, or both. Under the ADA, a lease allocating responsibility to the landlord may not shield a tenant from claims; see DOJ guidance. Indemnification in the lease may shift financial responsibility to the landlord, but you're still a potential defendant.
- What is the most common ADA violation in commercial leases?
- The most common violations involve restrooms (not accessible), parking (insufficient accessible spaces or incorrect van-accessible space ratios), and routes of travel (steps, narrow doorways, inaccessible service counters). Older buildings often have systemic accessibility issues.
- What is 'disproportionate cost' in ADA compliance?
- ADA guidance on existing buildings covers barrier removal where it is readily achievable; ADA.gov explains the term. When an alteration triggers path-of-travel accessibility work, federal rules may limit how much of the cost goes toward it, so check current DOJ guidance and settle in the lease who pays.
- Does ADA apply to office leases where clients never visit?
- ADA Title III covers places of public accommodation. A private office where no members of the public are served may have more limited obligations. ADA Title I covers employment and can apply to employers separately; check EEOC guidance. Depending on its operations, a commercial tenant may need to check both.
- What is a 'service animal' provision in a commercial lease?
- The ADA generally treats service animals differently from pets, so check current DOJ guidance on how it applies in a public accommodation. Lease provisions prohibiting animals or pets are worth checking for how they treat service animals. Enforcing a no-animals provision against a person with a service animal may raise ADA concerns; DOJ guidance explains the rules.