Tips and Tricks for Negotiating Pet-Friendly Leases Part II: The Americans with Disabilities Act

Commercial leases include many dangerous pitfalls and traps ready to snarl unsuspecting parties. From rent to insurance, taxes to operating expenses, both landlords and tenants spend hours poring over provisions to ensure a successful partnership. This is no truer than when it comes to the topic du jour, pet-friendly leases. Over sleepless nights, the parties have negotiated common issues like scope (whether dogs, cats, and snakes are allowed), insurance (whether the insurance company will cover pet-related injuries), and assignments (whether the right should be personal to the original tenant). And though these topics are important to a successful pet policy, both parties have probably tiptoed around the 800-pound gorilla in the workplace, the Americans with Disabilities Act of 1990. Now it is time to explore the “ADA,” its Massachusetts counterpart (Massachusetts Service Animal Law or “MSAL”), and their impact on our furry companions.

Read the full article published in the Boston Real Estate Times.