Pursuant to federal law, both the landlord and tenant are liable for noncompliance with Title III of the ADA, which establishes regulations for "public accommodations." Routinely, a landlord and tenant specify in the terms of the lease what party is responsible for actually making changes, removing barriers, providing aids and services, and/ or the costs associated therewith. This is acceptable. However, a commercial lease assigning liability to the landlord or tenant for ADA noncompliance is unenforceable. In the event a discrimination suit is filed by an individual or the Attorney General, the landlord and tenant will almost always both be included in the Complaint, regardless of the terms of the lease.

Source: Business First, Legal Forum, August 9, 2013