Is this legal/ok?

Question

I am looking at buying a duplex that is very large and has a finished basement in each. In each basement, there is a full bathroom and bedroom. So I was thinking, this could be a 4 plex?! The basements have separate entrances behind the house. There are 3 windows in the basement living rooms, but no windows in the basement bedroom or bathroom. There is also only that one entrance in/out. Are there fire laws (restricted access) restricting this? Any other potential issues that I would run into? This could possible be a cash cow.

Brie Schmidt · Answer

I would suggest checking with your local zoning and fire codes.  Here in Chicago many of the properties have "illegal garden units" that are considered grandfathered in.  Usually though there needs to be at least 2 exits points.

Will Barnard · Answer

A better option may be to offer the tenants usage of the basements as part of their lease for a higher rate than just the unit above. It could be used for storage or whatever. Turn the space into an income generator without causing legal issues. Again, check with your legal counsel on this option too.

Zac P. · Answer

Thanks @John Rooster @Will Barnard @Adam Roberts & @Brianna Schmidt! I definitely need to make some calls and get legal advice, but I wanted to get some respected opinions as well.

John Rooster · Answer

My opinions:

1. Probably not a legally conforming unit. If you get sideways with the basement tenant, they will notify the building department, then you have a giant headache. You would then either have to correct, or pay for the basement tenants to relocate.

2. Is it really worth the extra effort and grief of splitting the utilities, the extra maintainence etc,  for, I am guessing, another $400/month.

Will Barnard · Answer

You are basically asking for opinions and should be seeking legal advice. Your local municipality and an attorney would be good starts. I am guessing it would not be legal.

Is this legal/ok?

Most Popular Reply