Basement living space (Providence: apartments, renter, homeowners insurance)

[Romero65]

Hello!

What makes a basement a legal space to live in?
I bought a property and it had half complete, it had a room, pretty much a studio with a bathroom. The room has a kind of full a window. It has it own entrance in the back as well. I rent it out but I am not sure if supposed to. The previous owner had it as a salon.

What repercussions can on have if we not supposed to rent it? Its in South providence.

[independent man]

Originally Posted by Romero65

Hello!
What makes a basement a legal space to live in?
I bought a property and it had half complete, it had a room, pretty much a studio with a bathroom. The room has a kind of full a window. It has it own entrance in the back as well. I rent it out but I am not sure if supposed to. The previous owner had it as a salon. What repercussions can on have if we not supposed to rent it? Its in South providence.

I know an emergency egress is required (which it sounds like you have), but I would suggest a call to the Providence building inspector. Renting illegal or dangerous below ground space can cause all kinds of problems should there be a fire, flood or accident.

[ormari]

Originally Posted by Romero65

What makes a basement a legal space to live in?
I bought a property and it had half complete, it had a room, pretty much a studio with a bathroom. The room has a kind of full a window. It has it own entrance in the back as well. I rent it out but I am not sure if supposed to. The previous owner had it as a salon.

What repercussions can on have if we not supposed to rent it?

The first question to ask: How is the property listed with the tax assessor? Is it listed as a single family or multi-family? If it is listed as a single family, you could run into problems renting a basement apartment.

If the boiler or furnace is near the "living space", is proper fire protection in place? I'm not talking only smoke and CO detectors, but firewalls and other protective measures required by building and fire codes.

I tend to think renting an illegal apartment is a bad idea. Any dispute with the renters could result in the renter calling the building inspector to come check out your illegal apartment, and fines for you. Renters or their family/friends probably can guess whether the apartment is legal or not. And how do you think you would come across to a judge in housing court? I don't think that ends well.

I recall seeing some website years ago where Providence renters listed complaints about illegal basement apartments, and building inspectors were the weapon of choice. I don't remember the site, but I made note of the issue. Seemed like a headache for the landlord.

Neighbors may not take kindly to the extra cars and noise... and call the building inspector.

The only way I would entertain the idea would be if I occupied the building, was sure it was fire-safe, and it was a family member who wanted to stay in the basement. And even then I would be hesitant.

[Hollytree]

Is your house zoned a one or a two family? is it zoned commercial?

Zoning rules will apply. What did your paperwork say when you bought the house?

Your homeowners insurance will not cover you if an illegal tenant sues you, so you're looking at potential liability issues if the apt is illegal.