On January 1, 2017, California Assembly Bill 2093 went into effect. AB 2093 amended California Civil Code Section 1938 and expanded landlord disclosure requirements under commercial leases in California. With California AB 2093, the requirements of Section 2093 will still remain in effect. In addition, landlords are also now required to do the following;
- Provide a Copy of Disability Access Inspection Certificate: If the CASp inspection report indicates that the property meets accessibility standards, landlords are required to provide a copy of the inspection certificate within 7 days of the execution of the lease.
- Provide a Copy of the CASp Inspection Reports: If the property has been inspected by a CASp, landlords must provide a copy of the inspection report to the tenant at least 48 hours prior to the execution of the lease. If a landlord fails to provide the report, the tenant has the right to rescind the lease, based on the information listed in the CASp inspection report, for up to 72 hours after the execution of the lease.
- Include Specific Language in Leases Regarding CASp Inspections: If the property has not been inspected, or has not been issued a disability access inspection certificate, landlords must include specific language in the lease, disclosing the tenants rights regarding the performance of a CASp inspection.
AB 2093 also requires that any modifications or repairs necessary to correct violations noted in the CASp inspection, are the responsibility of the landlord, unless otherwise agreed between the tenant and landlord.