Rights under ADA re: Office Space I've Rented

[thisiswater]

Hi all -- I'm a psychotherapist. Several months before my diagnosis I signed a 3 year lease on a second story office. The stairs are a challenge. I explained this situation to my landlord and he wants me to keep paying rent until a new tenant is found and to reimburse him for the broker's fee he had to pay. If I decided I wanted to stay put, would he be required under the ADA to make modifications allowing me to get to my office?

I'd like to be able to point that out and then mutually decide to leave without having to pay so much to him for something that isn't my fault.

Many thanks!

[jreagan70]

Hi thisiswater:

You're in a tough spot. You have a legal contract that obligates you to make lease payments and fulfill all other terms for the length of the contract. If your contract and your landlord allow, you may be relieved of the terms of your contract if another qualified tenant is found, which can include reasonable penalties that would make the landlord "whole."

When it was passed in 1990, the ADA did not require that all commercial buildings be immediately retrofitted to meet the accessibility requirements of new construction. Buildings may remain in their existing state until they are altered in a way that affects usability. Then the areas or elements being altered must comply with ADA standards. But not until then.

So no, if your building is otherwise in compliance with the ADA, your landlord is not required to make modifications to make the building accessible to you, and you must fulfill the terms of your contract.

Certainly you should consult a qualified attorney if you'd like to establish that your landlord is somehow not in compliance with the ADA in a way that might affect your contract.

Otherwise, it sounds like you would benefit from taking your landlord up on his offer. Then you can find an office that is accessible to not only you, but to any of your patients that need an ADA-level accessible office.

[jreagan70]

I'd like to be able to point that out and then mutually decide to leave without having to pay so much to him for something that isn't my fault.

MS isn't your fault. But it isn't your landlord's fault either. So he shouldn't be penalized either for something that isn't his fault.

MS isn't your fault. But it's still your responsibility.

[Jules A]

Otherwise, it sounds like you would benefit from taking your landlord up on his offer. Then you can find an office that is accessible to not only you, but to any of your patients that need an ADA-level accessible office.

Although its unfortunate it isn't the landlord's fault MS has changed things for you and its nice they are at least willing to work with you to get out of the lease. Can you advertise on Craigs list for facebook for free and use word of mouth to colleagues in an effort to get the place rented quickly?

The other thing to consider is seeing if they would allow you to install a chair lift on the stairs? This might cost less in the long run than being sued for the full price of the lease. In the meantime I'd definitely start seeing patients there even if you have to hobble up the stairs in an effort to make some money to offset the rent. Psychotherapy patients will easily follow you to another nearby location if you are able to sublease and move. Best of luck to you.

[palmtree]

The only modification that would make the building truly accessible would be to put in an elevator. Chair lifts can not be installed if the stairway exits into a public space.

Obviously this would be a very expensive modification. ADA law requires the landlord to permit reasonable modification but the tenant has to pay for it. Buying your landlord an elevator would be a very expensive modification and it may not even be considered reasonable.

If your landlord were to remodel the office, he would need a building permit and that would mean the building would have to be made accessible throughout.

Since elevators are expensive, paying an extra months rent while, you are waiting to find a new tenant would be a bargain. Maybe you could even find a tenant before you move.

I would recommend renting in a new building. It would be 100% ADA compliant which would prepare you for the unexpected and open your practice to disabled patients. This may turn out to be a blessing in disguise.