non-conforming and conforming bedrooms

[Michael Gee]

Hi everyone

I have a quick question about advertising a house on how many bedrooms you have. Are non-conforming bedrooms still technically a bedroom and can it be advertised as a bedroom? For example, a basement with a room with no door and labeling that a bedroom with the rest of the house, but as a non-conforming room. Does anyone have any thoughts about this? Thanks for reading.

[Adam Johnson]

If I am interpreting the original post correctly (reading between the lines), then having or lacking a door to the basement room is not the REAL problem here.  I am assuming that this is a rental property.  What I am about to say is not legal advice, so I advise that you seek your own counsel's advice.

The HUGE factor here is if the basement can legally have a bedroom in it.  It is my understanding that a basement bedroom requires a minimum of 2 means of egress and there are very specific minimum standards to be met for that purpose.  I highly recommend against even a "casual" suggestion that such an area could be used as a bedroom unless it is fully compliant!  I would go a step further with that and tell potential tenants that it is NOT to be used as a bedroom and have them agree to that in writing, unless you know 100% for certain that it is legal for such purpose.  The potential liability is far greater than the few extra bucks in rent for this extra "bedroom".

In certain other situations, I have been more creative in my definition of a bedroom.  For example, a room with no closet, a room that is fairly small, etc., but never at the risk of somebody's life.  An appraiser may not consider a decent sized room with a large window and no closet a bedroom but a fire inspector MIGHT if life safety conditions are met.  It all depends on who you ask and what the specific situation is.  Be careful and know building and life safety codes before deciding what to do.