Legal Question in Landlord & Tenant Law in Washington

Wider Sidewalk

We own a postal store that we are doing our own tennant improvements on, we have front door and a rear door, we also have a security gate at the front of the store so we can allow customers into a portion of the store to check mail after hours. The inspector is now telling us that we need to have a wider sidewalk in the back of the store. It is not a ADA approved sidewalk. The owner of the building does not think that it is his problem to widen the sidewalk and that we should have to pay for it. It is new construction and we are waiting on our final inspection to pass so we can open. We cannot open without the sidewalk problem being solved. Who is suppose to pay for this to be fixed? Is it our responsibility or the Landlords? Not sure what the laws are about this particular problem. Please let me know...


Asked on 2/22/07, 6:10 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Wider Sidewalk

Depends on who in your contract is responsible for improvements, but the buck stops with the owner.

You as tenant have no ability to order construction / retrofitting work done to the property without the owner's approval.

I don't know what your contract says, but most provide that the tenancy must meet local/state/federal codes, and the ADA clearly applies as this is a place of public accomodation and all such places must be ADA compliant.

This may be a deal-breaker for you. If your landlord refuses to fix the building and you are without the means to fix the building and the inspector is telling you to be in code compliance, you may have to walk out of the lease agreement.

I cannot tell without looking at your lease. The law is clear, but the lease (to the extent it can) controls cost allocation.

Hope this helps. ELizabeth Powell

Read more
Answered on 2/22/07, 8:04 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Washington