Who should pay to make the bathroom ada compliant? LL or leasing tenant?

i am currently negotiating for leasing a retail space. who should pay to make the bathroom ada compliant
In Leasing Property - Asked by Ed L. - Mar 2, 2012
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David M.
Mason, OH

More often than not, this would be paid for by the Landlord, but it really depends on the circumstances. If you are negotiating a new lease, this would usually be part of a build out allowance. If the build out allowance is being ammortized into the lease, then you will be paying for it over time as part of your rent. In this current tenant friendly market, you should be able to get this paid for by the Landlord. If you are having trouble negotiating with the Landlord, find another alternative location. Without an alternative, you will have much less power in the negotiations. I hope this helps.

Mar 2, 2012
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Alan C.
Suwanee, GA

In almost every circumstance, it would be the Landlord. Even if a tenant takes a space "as-is" the space should still meet basic requirements, such as fire safety, electrical code and ADA rules.

Mar 8, 2012
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Chris R.
Denton, TX

All negotiable but in most cases this would be an owner / landlord expense to have the property meet building code requirements. In most every lease there are tenant improvements to be made and an allowance made by the landlord as to what they will do vs what you would be required to do or pay for. They may give you an allowance out of which all improvements are to be made or agree to do X and then give you an allowance for what you want in excess of that. A good commercial real estate leasing agent repesenting YOU can help guide you through the process and get you the best deal in the marketplace.

Mar 15, 2012
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Brent G.
Columbus, OH

It is negotiable. Period. Tenant takes the risk of not having an ADA compliant restroom though for if there are consequences it goes on the user of the space, not the building owner. Owners are more likely to include it in negotiated TI/buildout if the prospective tenant is committing to a longer-term lease.

Mar 17, 2012
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