When evaluating a potential location, the proposed tenant should first determine whether the space is compliant with the Americans with Disabilities Act (“ADA”). For instance, if the building has steps to its front entrance, is a ramp also installed to allow for wheelchair access? Is there an elevator and if so, is it also suitable to be used by patients with wheelchairs. Do the restroom facilities comply with ADA?
In the event that the space is not ADA compliant or requires adjustments to be suited for the installation of medical equipment, the parties may decide that the space will be built out before the tenant occupies. The parties will decide which one of them will be responsible for the build out costs and whether the tenant will be afforded a rent concession until such time as the space is completely constructed and ready for use, provided that the tenant exercises diligence in completing the construction, in accordance with building permits to be obtained and without the attachment of mechanics liens to the property.