Buying a non-conforming apartment, no 2nd egress

Buying a non-conforming apartment, no 2nd egress

Rental Property Investor · Ramapo, NY · Member since 2016 · 243 posts · 108 votes

Hi guys, I am in contract on a 4-unit building. It's a very old building and one of the units does not have a second egress. I am planning to create one ASAP after closing but after speaking with some local contractors it looks like it will not happen for a couple months. The apartment is coming with tenants - and I am concerned about liability should something happen. Does anyone have any recommendations? Should I give the tenants 30 days notice to move out as soon as I close? Or maybe if and when I actually get them out it will only be a few weeks until I do the work anyway, so it's not worth the bother...? Can I have them sign some kind of release?

Thanks!

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  • Real Estate Broker · 3412 S. Harlem Avenue Riverside, IL 60546 · Member since 2015 · 6k+ posts · 5k+ votes
    9y

    @Moshe H. Are there windows that provide egress in the bedrooms? I wouldn't be quite as stressed if there are adequate windows. In fact, in my area (Berwyn), you can simply replace windows with egress windows in legal non conforming units. Every area is different of course, so you would want to check with the local building department. 

    I would imagine adding a second entrance will be expensive. Have you priced this out?

  • Rental Property Investor · Ramapo, NY · Member since 2016 · 243 posts · 108 votes
    9y

    @John Warren thanks. It's 2nd floor. There is a window where you can jump out onto a low roof (few inches down), but stairs must be built from the roof down to the ground. Alternatively there is a window on the other side that can be turned into a door leading out to a fire escape, which will have to be constructed.

    This is made more complicated because it's a 4-unit, which in MA code is now treated basically like a 5+ multi. I need to pay an architect to draw plans before a contractor will touch it.

  • Derreck WellsPro Member
    Specialist · Pelham, NH · Member since 2013 · 544 posts · 269 votes
    9y

    I've seen a lot of apartments in MA that have ladders attached to a second floor window. Might be good enough to meet code???

  • Rental Property Investor · Ramapo, NY · Member since 2016 · 243 posts · 108 votes
    9y

    Contractor I spoke with said "those days are over." I have not done further research but I don't doubt it. They're always adding new burdens onto landlords :-)

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