All Forum Posts by: Pam R.

Hi Janaye. I sold my own home about 10 years ago - a friend of mine offered to buy it. So I didn't have to go through a "sales" process. I just had a lawyer write up the contract, and a title agency close the deal. The mechanics of it were easy. As far as legally worth the risk - I'm not sure what risk there is if you have a sales contract, and have the title agency perform their normal functions. The only difference was no real estate agent sitting at the table with us.

I think the harder part of the process would be finding a buyer, since you don't have access to the MLS and other tools realtors use. And unless you're willing to pay a commission to a buyer's agent - no realtor is going to direct their clients to your property. Sure, you have some avenues for marketing the house, but you're eliminating some key ones.

Lindsay - You should consult with a local attorney. But still the answer is "no" to the question of whether you can legally live in the basement. No. You can think of 100 ways to game the system, but based upon the information you have provided, the answer is No. I think that's what everyone on here is trying to say. No.

How can you make it legal to UTILIZE the basement as living space? You need to make it part of an existing unit - via door, trapdoor, trapeze, firepole. beanstalk - it cannot exist as a standalone unit. So it's the basement to Unit 3. Great. Now you can legally use the basement as extended space to Unit 3.

It is not legal, by your own facts provided, to use it as a bedroom. It does not meet the egress requirements you identified as being necessary to be a bedroom - the window does not meet code. So you can visit the basement, watch tv in the basement, knit afghans in the basement - but based upon the egress requirements you defined, it cannot legally be used as a sleeping area.

So, if you do as you propose, and the housing police show up, you can try to sell them a story that you are not actually using the basement as a bedroom, and you really sleep on the couch upstairs, and you only visit the basement to assemble puzzles and play solitaire. That is your prerogative. But it's still a lie - and you're lying because it's not legal to use the basement as a bedroom.

The question you are really asking: Can your lie successfully evade housing laws and building codes? You aren't going to fool anybody. If you are called into housing court (or whatever it is) and you tell the truth when asked if you are treating the basement as a bedroom - you will be told you are in violation of the code.

If you disagree with this assessment, you should consult with your attorney. But again, I will reiterate - No, based upon the egress laws you provide, it is not legal for you to use the basement as a bedroom.

@James Wise - Congrats on your 100th post!

We get the cat thing too. Several people have been downright BAFFLED that we include "cats" in the no pet category.

@Account Closed - I didn't see your question before. Here's a definition of an umbrella policy from the Geico site, it describes it pretty clearly:

1. Provides additional liability coverage above the limits of your homeowners, auto, and boat insurance policies. This protection is designed to kick in when the liability on these other policies has been exhausted.
2. Provides coverage for claims that may be excluded by other liability policies including: false arrest, libel, slander, and liability coverage on rental units you own.

I just paid my premium recently - it as $118/annually for $1 million in coverage. Well worth the peace of mind.

@Jason Eyerly - I think you may be oversimplifying what some people do with a Google search. @Nicole A. is right - corroboration is key. The Internet is a tool, and used properly, it can facilitate the screening process.

I have a current tenant who passed our phone screen, and by the time we met him for the showing, I knew: his kids ages, his wife's passing (while they were separated) several years earlier, his foreclosure and bankruptcy 6 years earlier, a criminal charge 19 years ago, his high school graduation date and school. We met him, asked what we were going to find when we did our background check - and he told us the truth. So I didn't eliminate him because of those items, but it helped that I had the full back story before I met him.

And I got all that info in about 20 minutes through our local court system, obituaries, a classmate site, and bankruptcy records.

Hi Dustin. The sit-down is your best bet. Find out what they've been doing to fill their spot. I did a quick look, and did not see that they had a posting on Craigslist or the Lantern (or I didn't recognize it), which suggests they are limiting their search to friends. A very serious conversation of the consequences of an eviction and/or a financial judgement on their future job prospects might be sobering. You're a better judge of whether these are the type of kids who worry about that.

I've known a couple of people whose parents covered rent of departing roommates - without them being co-signers. That's another angle you should take - they should call their parents for help. Most kids parents don't want to find their son moved mid-way through the semester, are now living in someone's illegal basement bedroom, broke their lease, and are being sued.

Based on your location and your price and the student move-in/out flow...your place will almost definitely sit empty until at least May 1, probably June 1, if they leave. Would you rather accept the $800 for 3-4 more months, and make them move out a couple of months early as a trade-off? You could probably lease it now for a June 1 move-in at your full price for a 14-month lease.

Personally, I would work out a deal (if push comes to shove) for them to pay $800, and move out May 15th so you can have it ready for a June 1 tenant.

Hi Dustin. Where on campus exactly? I own a property on north campus and lived there for 15 years - I'll be better able to give you ideas if I know if you are actually talking about "campus", or north or south of campus.

Thank you ladies for the insight. Very, very helpful. Now to sell that perspective to the reluctant husband!

I agree with Matthew. I am not a lawyer by any means, but from what you describe the primary issue is that property is not zoned for 4 units. You can call the basement whatever you want, but you are not permitted that 4th unit. It's just like a SFH house needs an occupancy permit. If there's no permit, you're not allowed to live there. It doesn't sound like you have an occupancy permit for a 4th unit - whether it's the attic, basement, or shed in the backyard. That's why Matthew's suggestion makes sense - it must be part of an existing, approved unit to meet the legal 3-unit designation.

As far as breaking the law for living there...I don't know. Lots of homeowners have bedrooms in basements without the legal egress requirements. I don't know of any who have been cited for it.

I wouldn't worry about future sales - just don't count it as a "space," or tie it to one of the existing units, or decommision it. Here in Ohio, a finished basement isn't considered in the sq footage of the house if it doesn't meet the proper egress requirements. But the sales ad will always point out "finished basement not included in sq footage." Everyone knows that is real, usable space.

Thanks Jean. That makes sense, somewhat. I guess. It's just that I've checked out lots of rental properties with tenants in place. It does smack of them hiding something. On the other hand, it is priced right, I guess to encourage buyers to make a move sight unseen.