Tenant sleeping in non-egress basement

Ann Arbor, Michigan
General Landlording & Rental Properties
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Tenant sleeping in non-egress basement

Kyle Hilliard
Investor · Lansing, MI · Member since 2021 · 16 posts · 15 votes

Hey everyone, 

I just stopped by a SFH rental of ours and noticed that one of the tenant's sons is sleeping in the basement which doesn't have an egress window. The tenants are two sisters, each of whom has two children (so 6 people total in the house), and the house has 4 bedrooms. We only advertised the actual bedrooms as sleeping areas. What do you think I should do to resolve the problem?

Sorry if this question is redundant, I found a couple similar posts on the forum, but still was unsure what I should do. One post basically said that where the tenant sleeps is their business, and other posts said to make sure that nobody is sleeping in a windowless room for fire safety and liability reasons. 

We don't currently have the cash saved up to install an egress window in the basement. Other than this issue, the tenants have been wonderful so I'd like to resolve this as smoothly as possible for both sides. 

Thanks for your help!

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
2y
Quote from @Kyle Hilliard:

You can't dictate where people sleep. You did the right thing by only advertising the legal bedrooms. If the tenant wants to sleep in the basement or on the kitchen counter, that's their choice.

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  • Henry T.
    Member since 2022 · 1k+ posts · 1k+ votes
    2y

    In my lease I would make clear that the basement is not a living space.  Its up to you if you want to enforce or not, and it may be impossible to tell someone what to do once they're there.  But you'd be protected with the appropriate statement in  your lease. 

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Kyle Hilliard:

    You can't dictate where people sleep. You did the right thing by only advertising the legal bedrooms. If the tenant wants to sleep in the basement or on the kitchen counter, that's their choice.

    The DIY Landlord Book4.7247 Reviews
    WebsiteView Page
    2Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    2y
    Quote from @Henry T.:

    In my lease I would make clear that the basement is not a living space.  Its up to you if you want to enforce or not, and it may be impossible to tell someone what to do once they're there.  But you'd be protected with the appropriate statement in  your lease. 

    I agree. 
    Just make this clear in your lease.
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  • Nancy MacKell
    Member since 2025 · 1 post · 0 votes
    9mo

    it is not legal for children or adults to sleep in a basement with no egress window in some states. Others may say that you have no right to dictate but it is a huge liability for you. If it were me, I would emphasise the consequences of them doing this (like dying in a fire), then have them sign a disclosure that reads something like this:                              

    • "Basement Use Restriction: The basement area is finished but does not meet legal requirements for sleeping quarters or bedrooms under local building codes due to the absence of a required egress window/door (fire escape). Therefore, the basement is strictly prohibited from being used as a bedroom, sleeping area, or for any purpose that would classify it as a habitable living space, to ensure compliance with safety codes and protect both parties from liability". Have every adult in the house sign it, leave them a copy and keep the original for yourself.This might get you off the hook for the liability as long as , let's say a fire were to occur if the fire was not your fault. But, to release you of all liability I would put a good lock on that door and probably start the eviction process stating the reason why. If you haven't done it already, put it in your lease for next time, have them sign the disclosure, and put a lock on that door! Good luck!
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