The owner bears sole responsibility for building entry, accessible parking areas and public building or common areas, not leased by tenants. Even if the tenant is responsible for maintaining and repairing a property, the owner may still be held liable for noncompliance.
Responsibility for “Public Accommodations” ensuring that areas under their control are accessible. This typically includes: parking, accessible routes, public restrooms, lobbies etc
The rule of thumb:
👉 Whoever controls the area is responsible for ADA compliance.
Tenants are not liable for violations in areas that are not under their exclusive control, such as common areas. There may be sole responsibility for ADA compliance for commercial buildings in some situations, while responsibility will be shared with the property owner in other situations.
Although property managers may not have direct liability for ADA compliance, their actions, as agents of the landlord, can have significant consequences. Acts and omissions of property managers can have far-reaching ramifications for landlords.
Leases can assign who pays for what, but ADA liability to the public remains shared.
Typical lease terms:
Landlord: Site, shell, structure, parking, common areas
Tenant: Interior improvements, signage, service counters, sales floor
But from the ADA’s perspective:
👉 Both parties must ensure customer access.
Landlords often obtain a CASp inspection to:
Establish “qualified defendant” legal protections
Identify barriers before leasing
Reduce lawsuit exposure
Create a timeline for corrective work
Having a CASp report and making “reasonable progress” is one of the strongest legal protections available.
“Drive-by lawsuits” refer to ADA legal claims filed by individuals or attorneys who quickly scan properties—often without entering the business—to identify ADA violations such as, disabled parking signage.
These lawsuits often rely on repeat plaintiffs who file hundreds of cases. Business owners may receive a demand letter or lawsuit requiring immediate correction plus thousands in damages and attorney fees.
“Google ADA lawsuits” generally refer to ADA claims tied to online search visibility, particularly:
A. Google Business Profile Accessibility Lawsuits
B. Website Accessibility Lawsuits (Often Found Through Google)
Not only do you want to ensure corrections are done properly by providing your contractor with a detailed report, but just fixing the cited items doesn’t guarantee protection from future lawsuits. Many plaintiffs retarget properties, knowing they will settle, and often come back with new claims based on other violations that weren’t mentioned in the original lawsuit.
A comprehensive CASp inspection helps you identify and address all potential compliance issues, reducing your exposure to repeated legal action and saving you time and money in the long run.
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