What legal liabilities do shared workspace landlords have for controlling the spread of COVID-19 or any kind of communicable diocese?
Obviously, “negligence” would be the claim a business tenant of a shared workspace could make towards their landlord if the landlord was not putting enough effort towards keeping their tenants safe. The key here is what is “enough”.
It is clear what claim can be made when Nothing is done by the landlord to protect their tenants.
But is just posting a sign showing a person wearing a mask and saying “Masks Are Required When Not Social Distancing” ENOUGH?
In a recent round of business golf with my posse of attorneys, I was told lawsuits are currently in development on this subject of landlord negligence towards keeping their tenants healthy and safe. Of course, I couldn’t get any details, but knowing other businesses who are leasing private office space from a shared workspace are looking into their landlord’s liabilities will be something I will be watching very closely.
Around the country, there are different thinking on the level of liabilities commercial office space landlords have towards guarding their tenants form COVID-19. Some, areas of the country feel it should be a criminal offense while others are thinking a huge fine is enough while others are pushing towards making things tough on a commercial office space landlord getting required liability insurance if they are not enforcing a COVID-19 prevention policy.
What Should Shared Workspace Landlords Be Doing
Many of the larger global shared workspaces (formerly called Coworking space) have obviously taken the advice of their legal counsel and got in front of their need to keep their tenants safe by issuing very strong and enforced COVID-19 action plans.
Other shared workspaces have left it to their franchise owners to deal with how they want to reduce their liabilities…which means, the franchisees do little since they feel the franchisor should take on the burden of liability.
What shared workspace landlords should be doing is following the most logical process by doing things like:
- Mandating masks be worn in all common spaces and have personally trained to enforce this mandate.
- The policy should be tenants have a choice of wearing a mask or working elsewhere.
- All surfaces in the common areas should be wiped down several times a day and kept sanitized
- Each tenant should check-in each day for a temperature check.
- HVAC units are maintained and filters changed frequently. The frequency for filter changes is governed by the average number of tenants occupying the private office space.
- Signage is placed in a clear view showing where common and private spaces are located and where wearing a Mask is required at all times.
- Remove all shared desk spaces and couches.
- Spread guest seating out to beyond required social distancing.
Continued Effort After Government Mandates Are Lifted
Fast-forwarding to what landlords of shared workspaces should plan on doing once the pandemic has passed. Procedures should be put in place clearly showing their current and potential tenants how serious they are with keeping their most cherished source of revenue healthy and safe.
There should be procedures kept in place going forward like:
- Installing Air Sterilization Systems even if their building owner doesn’t want to.
- Do away with all common desks, shared workspace, and dedicated work desk. Offer only private offices with doors.
- Convert all of the openwork spaced used for shared and dedicated desk to private walled-in private office space with doors.
- Replace large conference tables in conference meeting rooms with one-person desk and chairs that are at social distancing.
- Make kitchen and coffee stations roomer so proper distancing can be maintained.
- Tenant Community networking events will observe mandated mask and social distancing rules. They will be managed by the landlord
- Outside Event Areas will be held in a separate walled-off area of the facility.
- Public entrances are managed by trained employees.
- Wording will be put in their lease stating the landlord’s authority to enforce any local or regional govermental mandates put in place to stop the spread of communicable disease.
- Tenants will be required to respect the landlord’s authority on keeping them healthy and safe.
What Is Going to Be the Consequences?
The price for landlords to comply with higher liability standards will more than likely be hefty. Should that cost be passed on to the tenants? Probably shouldn’t be since it is something the landlord should want to do to keep his private offices filled…but more than likely the cost will be transferred to tenants in someway.
Questions That All Have Yes Answers
Will there be office space landlords who will refuse to feel they have not liabilities to their tenant’s health and safety? Or feel they are not liable for their tenant’s health and safety? That is for sure there will be.
Will tenants have the right to object to landlords who feel they are not liable for their health and safety? Yes.
Should landlords and tenants be talking to their legal counsel? …absolutely!!!
Obviously the world changed when the business world shut down due to the COVID-19 pandemic. Business people who office in shared workspaces are the businesses affected the most by this shutdown since they relied on their landlords to keep them healthy and safe.
Until the pandemic is behind us we will not know what exactly to expect in the changes everyone will have to make. But there is one thing for sure…things have changed and will continue to change.
Guess we just have to survive till then to see how this plays out. Until then…
Let me know how I can help.
