ADA Lawsuits, Liability Turns on Operational Control, Not Only Tenancy

If you are a business owner leasing space in a strip mall, shopping center, or commercial building in Los Angeles, you have likely received a letter from a “serial ADA plaintiff.” These demands often claim violations in areas you do not own or maintain, such as cracked pavement in the parking lot, an improper slope at the curb, or a non-compliant restroom in the common hallway.

Your instinct might be to panic. But before you write a check, understand a critical legal principle: ADA liability turns on operational control, not mere tenancy.

ADA Lawsuit

The Legal Standard: Who is actually responsible?

Both the federal Americans with Disabilities Act (ADA Title III, 42 U.S.C. § 12182(a)) and California's strict Unruh Act (Civil Code § 51) impose obligations on any person who “owns, leases, leases to, or operates a place of public accommodation.”

While that language sounds broad, the courts, and the Department of Justice, have carved out a vital defense for tenants: If you do not control the area, you are not liable for it.

Under 28 CFR § 36.201, the allocation of responsibility between a landlord and tenant is generally determined by the lease. But if there is no lease generally:

1. The Landlord is responsible for common areas (parking lots, sidewalks, exterior ramps) and policies applicable to all tenants.

2. The Tenant is  responsible for readily achievable changes inside their specific place of business, and areas under their control.

3. 

   ADA Lawsuit

The Ninth Circuit's Ruling: Kohler v. Bed Bath & Beyond

In Kohler v. Bed Bath & Beyond of Cal., LLC, 780 F.3d 1260 (9th Cir. 2015), a plaintiff sued the retail tenant over inaccessible parking lot spaces. The district court and the Ninth Circuit rejected the claim. The Court held that because the tenant did not own the shopping center's parking lot and had no right to alter or control it, the tenant could not be held liable for the violations found there.

As the Ninth Circuit succinctly put it, the ADA does not impose “upon tenants liability for ADA violations that occur in those areas exclusively under the control of the landlord.”

Why This Matters for Los Angeles Businesses

We see this scenario weekly in LA County: A plaintiff sues the tenant (a small boutique, a café, or a nail salon) for cracks in the landlord's parking lot or an entry door that the landlord refuses to alter.

If your lease allocates responsibility for that area exclusively to the landlord, and you have no contractual right to repave the lot or rebuild the entrance, you may not be responsible for that penalty.

The Catch: Check Your Lease

The ADA does not prevent you from contractually agreeing to take on responsibility. If your lease contains a broad indemnification clause stating that the tenant is responsible for all ADA compliance, including the parking lot, you may have waived your defense.

However, in the absence of a specific lease provision giving the tenant control over the common area, the law defaults to the landlord's responsibility.

How Steve Lopez Can Help

At the Law Office of Steve Lopez, we do not simply tell you to pay the demand letter. We aggressively examine:

1. Who has operational control of the alleged barrier.

2. The specific lease language regarding common area maintenance.

3. Any applicable case and statutory law.

If you are a tenant being sued for a parking lot or common area you don't control, you have a defense. Don't let a plaintiff intimidate you into paying for repairs that are your landlord's legal obligation.

Facing an ADA lawsuit in Los Angeles? Contact the Law Office of Steve Lopez today for a strategic defense.