Non-conforming Bedroom
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Non-conforming Bedroom (by Ryan [IA]) Jul 2, 2011 6:49 PM
       Non-conforming Bedroom (by BRAD 20,000 [IN]) Jul 2, 2011 7:28 PM
       Non-conforming Bedroom (by Lil [WA]) Jul 2, 2011 7:48 PM
       Non-conforming Bedroom (by Ken [NY]) Jul 2, 2011 7:52 PM
       Non-conforming Bedroom (by Robert J [CA]) Jul 2, 2011 9:37 PM
       Non-conforming Bedroom (by Robert,Ontario,Canada [ON]) Jul 2, 2011 9:39 PM
       Non-conforming Bedroom (by Barb [MO]) Jul 2, 2011 11:12 PM
       Non-conforming Bedroom (by LL [AZ]) Jul 2, 2011 11:45 PM
       Non-conforming Bedroom (by CDM [CA]) Jul 3, 2011 12:03 AM
       Non-conforming Bedroom (by Jawja [GA]) Jul 3, 2011 12:18 AM
       Non-conforming Bedroom (by Smokowna [MD]) Jul 3, 2011 1:54 AM
       Non-conforming Bedroom (by ctlandlord [CT]) Jul 3, 2011 5:29 AM
       Non-conforming Bedroom (by Wendy [NC]) Jul 3, 2011 3:21 PM
       Non-conforming Bedroom (by Virden [OH]) Jul 3, 2011 3:50 PM
       Non-conforming Bedroom (by Nancy [IN]) Jul 3, 2011 5:43 PM
       Non-conforming Bedroom (by billy [MA]) Jul 5, 2011 6:46 AM


Non-conforming Bedroom (by Ryan [IA]) Posted on: Jul 2, 2011 6:49 PM
Message:

I have a rental that has a very large non-conforming bedroom in the basement. The window in the room is too high off the ground for the room to be considered a bedroom. How do I respond when I have potential tenants looking at the property that comment they will be using it as a bedroom? The general rule is 2 people per bedroom plus 1, so they won't be over the maximum number of people, but can they use a nonconforming room as a bedroom? --173.17.xxx.xxx




Non-conforming Bedroom (by BRAD 20,000 [IN]) Posted on: Jul 2, 2011 7:28 PM
Message:

Non-conforming by who's standards?

If this is not being inspected by Sec8 or local authorities, let people use the room as they wish.

Locally, the realtors go crazy if I call it a bedroom without a built in closet. Most of our 100+ yr old homes were built when people used pretty cabinets and dressers, thus were built without closets. Could a person POSSIBLY sleep in a room with no closet?!?

Now, I would certainly consider re-working the window for the safety of your residents esp if you suspect someone might use it or a bedroom.

Most basements only have one exit, even the newer ones.

When in doubt, we call it 2.5 bedrooms. Then they call asking what's a .5 mean? Now we have a prospect!

Many people only need one or two bedrooms but want a 3 bedroom house for office, sewing room, storage...

--50.129.xxx.xxx




Non-conforming Bedroom (by Lil [WA]) Posted on: Jul 2, 2011 7:48 PM
Message:

Hi Ryan, In my area, there are lots of people renting out the basement as a mother-in-law space, however, your fire marshall most likely has an opinion about your "non-conforming" basement room being used as a bedroom. Mine certainly does. Not to mention the huge liability we landlords have if ever, heaven forbid, there was a fire and the occupants couldn't get out.

Best to check your local ordances and your insurance company. Doubt they will be ok with it being used as a bedroom. I have very explicit language in my rental agreement that the tenants are not to use the basement as a bedroom. When I was putting my agreement together, my attorney thought it was definitely a good idea to exclude the basement as a bedroom. There was an incident in our area where the house caught on fire and the worst did happen. --174.24.xxx.xxx




Non-conforming Bedroom (by Ken [NY]) Posted on: Jul 2, 2011 7:52 PM
Message:

You rent space,let them use it as they see fit.I had a building inspector who said my buyer couldn't use a room as a bedroom because there was another bedroom off of it.I had to get the buyer to move a bed out of the room in order to get a permit finalized.The code officer told my buyer he would be back to check in the future,I told him to bring a warrant to get in,never heard another thing about it. --67.252.xx.xx




Non-conforming Bedroom (by Robert J [CA]) Posted on: Jul 2, 2011 9:37 PM
Message:

There are many ways to install a larger window well and make it appear as if the window are is larger. However, as per code, does the window openning have enough area to accomdate the room? If not, think of doing something about the window. Just because it's too high, doesn't make it non-confomring -- it's the open area. --173.55.xxx.xxx




Non-conforming Bedroom (by Robert,Ontario,Canada [ON]) Posted on: Jul 2, 2011 9:39 PM
Message:

If there was a fire no matter how caused then the insurance company may not provide coverage as the insurance company was not informed about a non-conforming issue. In the province of Ontario there has already been 10 deaths in the illegal basement apartments in houses. There needs to be a fire wall between the heating area and where people live. Also required is a large enough window to escape in case of a fire. There should be two entrances to the basement. Unless one wants to gamble with life and with ones economic future then one should not go there. Also there may a large fine or jail time should there be a loss of life. Last year there was a fire in one of clothes dryers in the apartment building as one of tenants put something combustable in the clothes dryer. The fire alarm went off. There are sprinklers above the dryers which did not go off as the fire was only confined to inside the clothes dryer. There is 90 minute fire door in the laundry room and block walls between the apartments and hallways. The outcome was the commercial stacked clothes dryer was a write off as the fire department came over right away but thats it. In Ontario the authorities are reluctant to close down the illegal basement apartments and the illegal ramshackle apartments in houses which have fire wall between the rental suites or any type of fire protection at all. The fire person expects the legal owners of apartment buildings to maintain fire alarms, stand pipe hoses and have operating fire extinguishers where down the road it is a different matter. No one can predict what a irate tenant can do. --74.220.xxx.xxx




Non-conforming Bedroom (by Barb [MO]) Posted on: Jul 2, 2011 11:12 PM
Message:

Don't call it a bedroom, call it a "bonus room" and recommend it for an office, sewing room, family room, etc. I'd put in the lease that it is not to be used as a bedroom since it does not have the proper egress in case of emergency. Then, how the tenant uses it is up to them. Back years ago, people used those as bedrooms all the time. --67.43.xxx.xxx




Non-conforming Bedroom (by LL [AZ]) Posted on: Jul 2, 2011 11:45 PM
Message:

Why not make it conforming if you can then call it an additional bedroom and get more money?

Would it be possible to excavate a small patio area with steps leading down to it, then install french doors or a larger window? I've seen this down here in CA, though the soil is sandy and there is no water table issues.

I don't know much about basements, if it isn't on a slab I couldn't imagine anyone living in it. LOL :) :)

PS - For Brad, have you thought about building some custom built cabinets/closets/ armoire? Then people maybe instead of being aghast at a bedroom with no closet, would say, "what a beautiful cabinet." --76.170.xxx.xxx




Non-conforming Bedroom (by CDM [CA]) Posted on: Jul 3, 2011 12:03 AM
Message:

I would make sure the window is big enough and accessible enough to use as a legal exit. You wouldn't want to be on the receiving end of a lawsuit if something happened to a tenant who was sleeping down there.

If you don't want to do that, can you block off access to the basement? --213.220.xxx.xxx




Non-conforming Bedroom (by Jawja [GA]) Posted on: Jul 3, 2011 12:18 AM
Message:

we just renovated a house wenbought short. Great basement space was destroyed in 2009 when we had "500-year" flooding across Atlanta. Owners tore out, dried out fixed drainage issue ... And the only thing they rebuilt was the bedroom walls - which we had to totally redo ( and then the ceiling tiles ...)

We had NGO redo bc one BR was in the middle of the basement. Th,e only exterior wall is under the garage floor, the other against a wall of dirt. iOW, no window in either bedroom. We reconfigured the whole thing and now it's like a duplex.

But I am still appalled that previous owners were told it was a 4- BR when two of the BRs were nonconforming. But they did h,ave nice closets! --76.17.xx.xx




Non-conforming Bedroom (by Smokowna [MD]) Posted on: Jul 3, 2011 1:54 AM
Message:

I have one bedroom like that, you would never know it to walk into it. I think the house style is called split level, but lets just call it ugly for clarity of this conversation.

The windows were large enough for egress however they were a step too high. The inspector made me build a wooden step that was kept by the window.

These days, I just cut the window openings larger and provide a window well drain. Not as easy as it sounds on the drain part, but the cut opening part is real easy.

The ugly house, is half out of the ground so it doesn't even need window wells.

Other solutions sometimes are to move walls around so that the exit door is also within the bedroom. Sometimes you are extending the bedroom, and no so much moving walls but adding what amounts to a hallway to the bedroom. It can be done tastefully but I can move walls with ease and hardly any cost. That makes a big difference in planning. --173.79.xx.xxx




Non-conforming Bedroom (by ctlandlord [CT]) Posted on: Jul 3, 2011 5:29 AM
Message:

I did the build a closet thing in an old house. it was a rectangular room, used the short wall to make it a little more square. used hard wood ( no mdf ) bought on sale at at Ikea, the as is section.it was much cheaper than HD , and polyurethaned like crazy. It turned into a feature. do not have a problem renting that apartment aNYMORE --99.20.xx.xxx




Non-conforming Bedroom (by Wendy [NC]) Posted on: Jul 3, 2011 3:21 PM
Message:

We have a room created by adding a wall with a door upstairs in our A-frame's attic area (heated and cooled but VERY slanted ceilings can't really stand up if you are normal height.)

Legally it's not a bedroom but there IS a king size bed up there (wall to wall!!) and pads on the floor where my adult son and his family sleep when they come visit! They have staircase for egress AND a window with a fire escape ladder in a box nearby.

However it's our house not a rental.

Oh and my kids used to sleep in the basement as teens. The windows were considered too high and too small for egress but they sure managed to get out of them whenever they wanted to sneak out!!! And get back in too...they wondered how I knew...SNEAKER PRINTS SLIDING DOWN THE WALL was a big clue!!! --173.16.xx.xxx




Non-conforming Bedroom (by Virden [OH]) Posted on: Jul 3, 2011 3:50 PM
Message:

HUD standards along with NFPA code, a sleeping room must have 24X24 window for fireman and tanks, a closet, light switch and 2 electrical outlets or 3 outlets, no gas burning appliance next to the sleeping room - see closet, basements often illegal for the windows and gas burning water heater or furnace - below grade is mechanical equipment room and office space. --76.241.xxx.xxx




Non-conforming Bedroom (by Nancy [IN]) Posted on: Jul 3, 2011 5:43 PM
Message:

What Barb said. Don't call it a bedroom. It is simply a recreational room in the basement. Make it clear that your state codes do not permit usage as a bedroom in the Lease. --65.55.xx.xxx




Non-conforming Bedroom (by billy [MA]) Posted on: Jul 5, 2011 6:46 AM
Message:

i would try to get them a regular window.i lived in a basement with normal windows.worked fine.u can get a closet built for the bedroom if u need one.i got a couple of built in closets 2 ft wide with 6 ft of hang up space and wheels on the bottom.work fine indeed. --173.162.xxx.xxx





Reply:
Subject: RE: Non-conforming Bedroom
Your Name:
Your State:

Message:
Non-conforming Bedroom
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: