California Civil Code Section 1938 is a commercial-leasing disclosure statute. It requires the owner of any commercial property to state, on every lease or rental agreement, whether the premises have been inspected by a Certified Access Specialist (CASp) to determine compliance with construction-related accessibility standards for people with disabilities.1California Legislative Information. California Civil Code Section 1938 It applies only to commercial properties open to the public. It does not govern residential tenancies, and it does not set out a tenant’s duty to repair damage — that rule lives in Civil Code 1929.
What the Disclosure Has to Say
Section 1938 splits into two scenarios: the property has been inspected by a CASp, or it hasn’t. Either way, the lease must speak to it.
If the building has been inspected, the owner discloses that fact in the lease and shares the resulting CASp report with the prospective tenant before signing. A CASp evaluates whether a building meets California’s construction-related accessibility standards for people with disabilities.1California Legislative Information. California Civil Code Section 1938
If the building has never been inspected, the owner must include a specific statutory notice in the lease. That notice tells the tenant a CASp inspection is available and explains the legal protections that come with having one performed.2California Legislative Information. California Code CIV 1938 Silence is not an option; the lease has to address the question one way or the other.
How the CASp Report Is Shared
When a report exists, the owner provides it to the prospective tenant before the lease is signed. The report stays confidential outside the leasing relationship. The one carve-out is practical: the tenant may use the report when the tenant has agreed to complete accessibility repairs identified in it.2California Legislative Information. California Code CIV 1938
Who Pays for Accessibility Repairs
The statute sets a default and lets the parties bargain around it. Fixing accessibility violations identified in a CASp report is presumed to be the property owner’s responsibility. Because this is a commercial leasing statute, the landlord and tenant can agree otherwise in the lease itself.2California Legislative Information. California Code CIV 1938 That flexibility is a feature of commercial tenancies; a residential lease could not shift statutory duties in the same way.
The 48-Hour and 72-Hour Cancellation Right
Section 1938 gives the commercial tenant a specific escape hatch when the owner mishandles the disclosure. If the landlord fails to provide the CASp report at least 48 hours before the lease is signed, the tenant can cancel the agreement within 72 hours of signing.1California Legislative Information. California Civil Code Section 1938 The clock is short on both ends, and both windows matter: the 48 hours belongs to the landlord’s advance-delivery duty, and the 72 hours is the tenant’s window to walk away after signing.
Section 1938 Does Not Cover Residential Rentals or Tenant Damage
People often land on Section 1938 while looking for the rule that makes a tenant pay for damage they caused. That rule is in a different statute. Civil Code 1929 provides that the renter of a thing must repair all deterioration or injury caused by their failure to use ordinary care.3California Legislative Information. California Code CIV 1929 Section 1938, by contrast, is confined to commercial leases and speaks only to accessibility inspection disclosures.
Two consequences follow from that boundary. First, a residential landlord in California has no obligation under Section 1938, because the statute reaches only commercial properties where the public is invited. Second, a commercial lease that meets the 1938 disclosure requirements says nothing about a tenant’s liability for negligent damage; that liability comes from Section 1929 and applies to renters generally.
Practical Points for Commercial Landlords and Tenants
For an owner leasing commercial space, compliance with Section 1938 comes down to a checklist built into the lease form. State whether a CASp inspection has occurred. If it has, deliver the report at least 48 hours before signing and keep it confidential outside the leasing relationship. If it hasn’t, include the statutory notice about the availability of an inspection. Address in the lease itself who bears the cost of any accessibility repairs; without that language, the presumption puts the cost on the owner.2California Legislative Information. California Code CIV 1938
For a prospective commercial tenant, the disclosure is a screening tool. A completed CASp report tells you what accessibility issues, if any, the building already has on record, and it identifies work someone will have to pay for. If the lease pushes those repair costs onto the tenant, that is a negotiable term with real dollar consequences, not boilerplate. And if the landlord hands you a report the day of signing rather than 48 hours in advance, you have 72 hours after signing to cancel.1California Legislative Information. California Civil Code Section 1938
The Short Version
Civil Code 1938 is a commercial accessibility disclosure rule. Every commercial lease or rental agreement in California has to say whether a CASp inspection has been done. If it has, the report is shared in advance and treated as confidential; the owner is presumed to pay for identified accessibility repairs unless the parties agree otherwise. If it hasn’t, a specific statutory notice goes in the lease. Miss the 48-hour advance-delivery window and the tenant can cancel within 72 hours. The statute does not touch residential leases and does not create tenant repair duties for ordinary damage; those questions live in other sections of the Civil Code.