Illegal use
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Illegal use (by Ron [NY]) Jul 17, 2018 2:49 PM
       Illegal use (by NE [PA]) Jul 17, 2018 3:13 PM
       Illegal use (by Robert J [CA]) Jul 17, 2018 3:25 PM
       Illegal use (by Robert J [CA]) Jul 17, 2018 3:25 PM
       Illegal use (by NC INVESTOR [NC]) Jul 17, 2018 4:29 PM
       Illegal use (by John [NJ]) Jul 17, 2018 6:07 PM
       Illegal use (by Ken [NY]) Jul 17, 2018 6:32 PM
       Illegal use (by Gene [OH]) Jul 17, 2018 7:43 PM
       Illegal use (by Ron [NY]) Jul 18, 2018 3:58 AM
       Illegal use (by NE [PA]) Jul 18, 2018 4:09 AM
       Illegal use (by WMH [NC]) Jul 18, 2018 5:09 AM
       Illegal use (by NE [PA]) Jul 18, 2018 5:20 AM
       Illegal use (by Jen Z. [CT]) Jul 18, 2018 9:27 AM
       Illegal use (by Robert J [CA]) Jul 18, 2018 9:39 AM
       Illegal use (by Hoosier [IN]) Jul 18, 2018 5:48 PM
       Illegal use (by Opinionated [NC]) Jul 20, 2018 11:05 AM
       Illegal use (by Robert J [CA]) Jul 20, 2018 11:22 AM


Illegal use (by Ron [NY]) Posted on: Jul 17, 2018 2:49 PM
Message:

I have a tenant that is using a room in a finished basement as a bedroom. It isn't a legal bedroom and I've been advised to send the tenant a letter stating as such.

I'm not sure how to word the letter. Can someone help?

Thanks in advance!

--204.210.xxx.xxx




Illegal use (by NE [PA]) Posted on: Jul 17, 2018 3:13 PM
Message:

Ignore it. --50.107.xxx.xxx




Illegal use (by Robert J [CA]) Posted on: Jul 17, 2018 3:25 PM
Message:

I rented out a 1 bedroom apartment to a family of 3 people. Soon afterwards they turned the laundry room into a second bedroom. A closet into a third bedroom. The dinning room into a 4th bedroom. Instead of 3 people living there, I found around 11 people there at times. No matter what I said or did, they didn't listen. So I had the fire inspector come over and he found many violations. Like a bed pressed up against the gas water heater and no window in the laundry room. No smoke detectors in the closet, etc.

Instead of the Fire Department writing a violation to the tenants, I as the owner got the violation and fine.

Housing wouldn't allow me to evict since the unit wasn't up to code because of the tenant modifications. So I turned off the gas and removed that units gas meter. I had to prevent the tenants from having their illegal occupant bed next to the water heater burner from setting the unit on fire.

In the end, I went to my Councilman and explained how crazy the city was and that they didn't want me to be able to prevent deaths, only issue me fines and collect money. --47.156.xx.xx




Illegal use (by Robert J [CA]) Posted on: Jul 17, 2018 3:25 PM
Message:

I rented out a 1 bedroom apartment to a family of 3 people. Soon afterwards they turned the laundry room into a second bedroom. A closet into a third bedroom. The dinning room into a 4th bedroom. Instead of 3 people living there, I found around 11 people there at times. No matter what I said or did, they didn't listen. So I had the fire inspector come over and he found many violations. Like a bed pressed up against the gas water heater and no window in the laundry room. No smoke detectors in the closet, etc.

Instead of the Fire Department writing a violation to the tenants, I as the owner got the violation and fine.

Housing wouldn't allow me to evict since the unit wasn't up to code because of the tenant modifications. So I turned off the gas and removed that units gas meter. I had to prevent the tenants from having their illegal occupant bed next to the water heater burner from setting the unit on fire.

In the end, I went to my Councilman and explained how crazy the city was and that they didn't want me to be able to prevent deaths, only issue me fines and collect money. --47.156.xx.xx




Illegal use (by NC INVESTOR [NC]) Posted on: Jul 17, 2018 4:29 PM
Message:

It depends on why it isn't considered a legal bedroom. In Charlotte not having a closet is all it takes to be "illegal" for advertising that room as a bedroom. If it is something as minor as that I agree with NE...leave it alone. --71.75.xx.xx




Illegal use (by John [NJ]) Posted on: Jul 17, 2018 6:07 PM
Message:

My .02 cents. If the tenant is a good tenant (long term tenant, pays on time, causes no problems, clean) and the room is not being rented out to someone not on the lease, ignore it. You know nothing about it and move on.

John

New Jersey --69.121.xxx.xx




Illegal use (by Ken [NY]) Posted on: Jul 17, 2018 6:32 PM
Message:

I wouldn't care,i rented them an apartment,i didn't specify where they can sleep,my concern is the rent --72.231.xxx.xxx




Illegal use (by Gene [OH]) Posted on: Jul 17, 2018 7:43 PM
Message:

Here is the basic letter I sent to a tenant last year for the same issue. I never allow someone to use a bedroom in a basement unless there is a secondary exit in case of a fire. Too much liability issues to allow that.

Letter:

Dear (Mr) & (Mrs),

Thank you for letting us inspect the house today. (Handyman) will be contacting you within the next few weeks to (list maintenance item(s) needed).

During the inspection, we found that there was a bed in the basement. You stated that one of your daughters was sleeping in the basement. I informed you that this is against the fire code since there is no secondary means of egress in the case of fire. In the presence of yourself, your daughter, (handyman name), and myself, I asked that the bed be removed from the basement today and that no one be allowed to sleep in the basement from this day forward. We will be checking back again to verify that the bed has been removed and that no one is sleeping in the basement.

Sincerely yours,

--99.165.xx.xxx




Illegal use (by Ron [NY]) Posted on: Jul 18, 2018 3:58 AM
Message:

It can't be used as a bedroom since it doesn't have a 2nd means of egress.

Thank you Gene for letter.

--204.210.xxx.xxx




Illegal use (by NE [PA]) Posted on: Jul 18, 2018 4:09 AM
Message:

Send all the letters you want, you're not going to be there every night to check on it. Ignore it and you won't be involved should anything happen.

You're creating your own stress here. --50.107.xxx.xx




Illegal use (by WMH [NC]) Posted on: Jul 18, 2018 5:09 AM
Message:

NE, I disagree. The headline will read something like "Landlord indicted for renting apartment with illegal bedroom" after Tenant dies in a fire...I agree people can sleep wherever they want, but if they have turned the space into an actual bedroom and LL knows it, someone will find a way to say s/he is liable. --50.82.xxx.xx




Illegal use (by NE [PA]) Posted on: Jul 18, 2018 5:20 AM
Message:

WMH, they can say whatever they want, but a landlord can't govern this. Especially with something as silly as a warning letter.

The solution would be to take a contractor in there and tear the walls out. --174.201.xx.xx




Illegal use (by Jen Z. [CT]) Posted on: Jul 18, 2018 9:27 AM
Message:

I don't see why you can't enlist the local health official. Mine is pretty good and when I have had issues in the past and asked them to write the letter of violation, they have done so. I can tell you from a legal perspective, if you saw it and knew it, and the tenants know that you know - that's a problem if something (like a fire happens). It's called negligence. Maybe Legal Zoom can have an attorney write something up for you. --96.92.xxx.xx




Illegal use (by Robert J [CA]) Posted on: Jul 18, 2018 9:39 AM
Message:

The last time I went to the County Health Department, they found the tenant doing illegal modifications that were unsafe. So they wrote me, the owner, a $500 fine.

I refused to pay on technical grounds and found myself in a "Hearing". They threw the book at me, until I got a chance to speak. I pointed out in their violation that I was being "Fined" because of "Tenant" illegal modifications. THE CODE states clearly that if I can "prove" the tenants were the proximate cause, they The County Health Department has to write a Joint violation. So they re-issued me a fine, now for half, $250.

I went to court on this one because they never tried to collect the tenants share of the fine and only went after me. --47.156.xx.xx




Illegal use (by Hoosier [IN]) Posted on: Jul 18, 2018 5:48 PM
Message:

Dear Tenant,

We noted during a recent visit to the house that there was a bed in the basement.

The safety of our tenants is of the utmost importance to us. Per your lease and to be in compliance with local fire codes, sleeping in the basement bedroom is not permitted. Please confirm via reply to this email that you will be removing the bed and that no one will sleep in that area of the house. We will be monitoring this situation during future visits to the house. If you have further questions, do not hesitate to call us.

Sincerely yours, --99.92.xxx.xxx




Illegal use (by Opinionated [NC]) Posted on: Jul 20, 2018 11:05 AM
Message:

Robert so clearly points out that government will come after YOU. Gubmint will require YOU to act in shorter time period than it takes to evict the non-compliant tenant. --66.226.xx.xxx




Illegal use (by Robert J [CA]) Posted on: Jul 20, 2018 11:22 AM
Message:

I had a squatter break into a house then change 1 lock on the door so she had a key. Then she ordered a phone line. When I found her living there I called the police. With a key and utility (phone bill), they said there was nothing they could do, it was a civil matter.

Then this squatted let the water, gas and power be turned off. They she filed a compliant with the city that I won't provide her with a lease so she couldn't turn back on all of the utilities. The City then ordered me to provide the squatter with a lease because the County health department says, and so does the Housing Department -- that no tenant shall live without water and heat.

I went to court and proved this wasn't a "tenant" but a squatter. I he the utility meter man testify that he spoke with the squatter and said he could leave the service on for a week, giving her time to open an account. She, the squatter said, " why should i pay for anything when I know how to play the system and make the landlord pay".

I was then give a $500 fine and you know the rest of the story, I fought that and had a joint violation issued and my fine split in half.

The City attorney Got a hold of this case and said, "If you don't do something, I'm going to have to put you in jail". I told the City Attorney that I have already started an eviction, but this squatter knows how to pay the system and the eviction will take time. The City Attorney responded, I know where you live and if my case comes up before she's out, you will pay the price. I told the City attorney, "You've seen from my file that I've gone up against all of the Departments in the City and County -- I don't go quietly into the night. I'm a fighter". --47.156.xx.xx





Reply:
Subject: RE: Illegal use
Your Name:
Your State:

Message:
Illegal use
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: