Landlord's responsibility
Is a landlord obligated to remove both asbestos and lead from a commercial property building before transfer of the property for lease if the tenant has agreed to pay for the demo of the existing building and build a new building?

Thank you!
[{"id": "czj9vyi", "text": "Nope. You have to make sure it's in the lease.", "replies": [{"id": "czjafoc", "text": "Thank you! Does it matter that I'm in California? Is there a state specific law that requires me to remediate it? I'm starting to get suspicious of my broker because he says it's my responsibility as a landlord by law to remediate it. ", "replies": [{"id": "czjb3vb", "text": "The Asbestos is the owner of the Properties responsibility. Whoever owns the Property at the time of the demo is responsible legally.   Also in all the states I've worked in no one remediates a lead based paint for demo (California might be different).", "replies": [{"id": "czjby1g", "text": "Good to know. Thank you! ", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "czjt412", "text": "Call an attorney. If the tenant is doing demo it is almost certainly their responsibility. ", "replies": [{"id": "czjtzm5", "text": "We do have an attorney but there's a potential conflict of interest since the attorney is one the broker recommended. They do numerous deals together. ", "replies": [], "depth": 2}], "depth": 1}, {"id": "czjtooj", "text": "I would think a lot of this would depend on your specific contract (but I am certainly not an attorney).  The factor that I could see that may be a variable is disclosure...  \n\nDid you disclose the presence of asbestos prior to negotiating the lease or during the lease negotiation?  If you disclosed it, then you should be able to reference the lease document (Did you use and AIR or similar form lease?)\n\nIf you did not disclose it and had knowledge of it then you may be in a totally different situation.  Even if you did not disclose it and should have know about it you may have some responsibility.", "replies": [{"id": "czjtywq", "text": "The tenant paid for testing both asbestos and lead during the lease negotiations. We're essentially at the 1 yard line to sign the lease but the lead portion came up recently. \n\nI understand if asbestos needs to be removed, but the lead portion makes no sense to me since they're demoing the building (unless they plan on reusing portions of the building?)\n\nI'm worried the broker wants repeat business with the potential tenant and is trying to appease them as much as possible ", "replies": [{"id": "czjwrc0", "text": "The lead testing is a new one on me, especially interesting if they are demoing the property...\n\nWould it make sense to try to treat the additional work as a Capital Expenditure as specified in the lease.  As a lessor I would then hang my hat on the language that \"If the Capital Expenditures are instead triggered by Lessee as a result of... modification to the Premises then, and in that event, Lessee shall... complete such Capital Expenditure at its own expense.\" Note: I abbreviated a bit there.\n\nI am also assuming that the current structure could be leased out to another willing an able party without heavy modification.  If the property is a tear down and that is the only way it is going to work then you likely have a whole different negotiation taking place.\n\nIf you are negotiating on a tear down, then it would likely make sense for the Lessor to provide some allowance for above \"standard\" work.  I would bid that out so that you had a rough idea on costs and then factor it into the lease rate (which it is probably too late to do if you are at the 1 yard line).\n\nIt may be a good idea to ask yourself, \"Does the whole deal make sense (even with the costs of this sticking point)?\"  That may help provide a better perspective by weighing in the lease rate, length of term, and any other concessions you may be providing.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}]