The short answer: both parties can be responsible — and both can be sued
This is one of the most common questions we hear from commercial property owners and tenants in Metro Detroit — and the answer is more complicated than most people expect. The ADA doesn't simply assign all responsibility to the landlord or all responsibility to the tenant. Both parties can have obligations, both can be found liable for violations, and a lease clause that attempts to shift responsibility from one party to the other does not protect you from an ADA lawsuit.
Understanding how ADA responsibility is divided in a commercial lease — and what that means practically — is essential for both landlords and tenants in Michigan.
Important note: This article is for general informational purposes and reflects how ADA obligations generally work under the law. It is not legal advice. ADA compliance questions specific to your property or lease should be reviewed by a qualified attorney.
How the ADA divides responsibility
Title III of the Americans with Disabilities Act applies to "places of public accommodation" — which covers virtually every commercial property open to customers, clients, or the public. The ADA does not create separate categories of "landlord obligations" and "tenant obligations." Instead, it establishes that both the owner of the property and the operator of the business open to the public have obligations to make that place accessible.
The Department of Justice has clarified that both landlords and tenants are independently responsible for ADA compliance in the areas they control. This means:
- The landlord is generally responsible for common areas — parking lots, building entrances, lobbies, hallways, shared restrooms, and other shared spaces.
- The tenant is generally responsible for the interior of their leased space, including the accessible route within the space, service counters, restrooms within the space, and other elements under their control.
- Both parties can be held responsible for violations in areas where control is shared or ambiguous.
Critical point: A lease provision that assigns ADA responsibility entirely to the tenant does not shield the landlord from ADA liability. The ADA is a federal law — private contracts cannot override it. Landlords who rely on lease language to avoid ADA responsibility are exposed.
What landlords are typically responsible for
Landlords generally retain responsibility for the physical structure and common areas of a commercial property. ADA elements that typically fall under landlord responsibility include:
- Accessible parking spaces — count, dimensions, location, signage, and access aisles
- The accessible pedestrian route from parking to building entrances
- Building entrance accessibility — ramps, door hardware, thresholds, automatic doors
- Common area restrooms
- Elevators and vertical access in multi-story buildings
- Shared lobbies, corridors, and common spaces
- Building signage and wayfinding in common areas
For existing buildings, the standard is "readily achievable" barrier removal — meaning the landlord must remove barriers where doing so can be accomplished without significant difficulty or expense, taking into account the overall financial resources of the property owner.
What tenants are typically responsible for
Tenants who operate a place of public accommodation have independent ADA obligations for their leased space. These typically include:
- Accessible route within the leased space from the building entrance to all areas open to the public
- Service counters — height, reach range, and accessibility for customers
- Restrooms within the leased space (where provided)
- Seating, tables, and other customer amenities
- Signage within the leased space
- Alterations and renovations within the space — which trigger full compliance requirements for the altered area
Renovation trigger: When a tenant performs alterations to their leased space, ADA compliance requirements for the altered elements become mandatory — not just "readily achievable." Tenants planning renovations in Michigan commercial spaces should assess ADA requirements before starting any work.
Why lease language doesn't protect you
Many commercial leases in Michigan include language that assigns "all ADA compliance responsibility" to the tenant. This clause is commonly found in retail and office leases, and landlords often believe it fully insulates them from ADA liability. It does not.
The ADA is a federal civil rights statute. Private contracts — including commercial leases — cannot override federal law. If a tenant fails to make their space accessible and an individual files an ADA lawsuit, the landlord can be named as a defendant regardless of what the lease says.
What the lease language can do is create a right of indemnification between the parties — meaning that if both landlord and tenant are sued, and the court determines the violation was in the tenant's space under the tenant's control, the landlord may be able to seek reimbursement from the tenant for costs incurred. But this requires litigation between the parties after the fact, and it doesn't prevent the landlord from being sued in the first place.
The Michigan ADA litigation landscape
Michigan has seen significant ADA litigation activity targeting commercial properties, particularly in the Metro Detroit area. Serial ADA plaintiffs — individuals who file large numbers of ADA lawsuits against commercial properties — frequently target parking lot violations that are visible from public roads, building entrance issues, and restroom accessibility problems.
Unlike many civil rights laws, the ADA allows private plaintiffs to file lawsuits directly in federal court without first filing a complaint with a government agency. There is no requirement to notify the property owner and give them an opportunity to correct the violation before suing. This means that visible, uncorrected ADA violations in parking lots and building entrances are active litigation targets.
What landlords and tenants should actually do
The practical answer for both Michigan landlords and tenants is straightforward: get a professional ADA accessibility audit of your areas of responsibility before a complaint or lawsuit forces the issue.
For landlords, this means auditing common areas, parking, and building entrances — and documenting a good-faith barrier removal program for any deficiencies found. Documentation of proactive barrier removal efforts is a meaningful defense in ADA litigation, even when not all barriers have been removed yet.
For tenants, this means auditing the leased space, particularly if any renovations have been done or are planned. The lease clause that assigns you "all ADA responsibility" also means you carry the risk if your space is found to be non-compliant.
A note for new leases: Before signing a commercial lease in Michigan, both parties should consider having the property audited for ADA compliance and negotiating clearly which party is responsible for remediating which deficiencies. Entering a lease in a property with known ADA violations — without a clear agreement on who will remediate them — creates exposure for both parties from day one.
How Guardian helps landlords and tenants
Guardian Compliance Partners provides ADA accessibility audits for commercial properties across Metro Detroit — covering both common areas (typically landlord responsibility) and individual tenant spaces. Our written audit reports document every barrier found, the applicable ADA standard, the measured condition, and a prioritized remediation plan with estimated costs.
We also coordinate all barrier removal work through our licensed contractor network, so landlords and tenants don't have to source separate vendors to address deficiencies. All audit reports and remediation records are retained in your compliance portal as documentation of good-faith barrier removal efforts.