Effective July 1, 2013, commercial leases and rental agreements will need to contain a statement by the landlord as to whether the commercial property being leased or rented has undergone an inspection by a Certified Access Specialist. If the property has undergone such an inspection, the disclosure must state whether the property has or has not been determined to meet all applicable statutory construction-related accessibility standards. Civ. Code, § 1938In addition, commencing July 1, 2013, owners of certain commercial buildings are required to disclose to tenants and prospective tenants energy consumption information relating to the building, thus further implementing the Energy Star Benchmarking requirements promulgated as part of AB 1103 and subsequently, AB 531. Specifically commencing July 1, 2013, any commercial building with total gross floor area measuring in excess of 50,000 square feet must disclose energy benchmarking data to tenants leasing the entire building. Commencing on January 1, 2014, this requirement is expanded to include buildings with a total gross floor area measuring in excess of 10,000 square feet, and commencing on July 1, 2014, this requirement is further expanded to include buildings with a total gross floor area measuring at least 5,000 square feet.
Whether you are a landlord or prospective tenant, it is important to make sure your lease not only provides the benefits and protections you require, but that it is fully compliant with all statutes and regulations. If you would like a review of your lease or assistance in negotiating its terms, contact the real estate attorneys at Schneiders & Associates, L.L.P.