If you are looking to lease commercial property in Los Angeles or elsewhere in California, it is important to enter this process with a strong understanding of your rights and what information must be disclosed to you pursuant to state law. In California, the laws related to property disclosures vary widely depending upon the type of property and whether the transaction involves a property owner leasing or selling the property.
Asbestos Report
If you are interested in leasing commercial property built before 1979, the owner is obligated to provide an asbestos report. If the commercial property contains asbestos, the owner must advise you of the location of the contaminated materials and provide sufficient information on how to prevent or minimize the release of asbestos or exposure by tenants.
Certified Access Specialist
In addition to an asbestos report, your commercial lease should provide information indicating whether a Certified Access Specialist has inspected the property. If so, the lease should state whether the property meets all relevant construction-related accessibility standards for individuals with disabilities. If no inspection has taken place, this must also be expressly stated in the lease.
Dangerous Conditions
A commercial property owner is legally obligated to disclose any known dangerous conditions on the property.If the owner fails to do so, you may have a viable legal claim against the property owner. This requirement also extends to property owners who have previously leased the property to tenants using chemicals known to cause birth defects, cancer or other forms of reproductive harm.
Death on the Property
Pursuant to California law , if someone were to die on the commercial property, the owner must disclose this fact if the death occurs within three years of the date of the lease. This is because a death on the property is considered a “material defect” from which itmust be divulged. The requirement; however, only lasts for three years. Once the three-year time period has elapsed, the seller is no longer under any legal obligation to disclose such information.
Have Questions?
Leasing commercial property is a big decision, especially for a small business in the early stages of growth and expansion. Hence, it is in your best interest to retain the services of an experienced legal counsel who can successfully negotiate the terms of a commercial lease on your behalf. For further information or to schedule an appointment with the highly reputable contract attorney in Los Angeles, Afshin Hakim of Hakim Law Group, please call (310) 993-2203 or visit www.HakimLawGroup.com to learn more.
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