As a tenant, how to verify if basement rented is legal (Lynchburg: 2015, rental)

[pichalite]

I'm a tenant in a basement room in a single family home in Loudoun county. How to verify if I'm living in a legal basement. The landlord would not tell me the truth.

[LynchburgLover]

Mother used to say about DC: Where you live is who you are; what you drive is what you want to be.

[blindside]

The state of VA defers to the local county in defining what a bedroom is. Here are some guidelines from Loudoun (http://www.loudoun.gov/DocumentCenter/Home/View/5442). Disclaimer: I'm not a lawyer and this is not legal advice.

Bedrooms:
• Must contain at least 70 square feet of floor area plus an additional 50 square feet per individual if occupied by more than one person.
• Bedrooms must not be the only access to other bedrooms or habitable space and must not constitute the only exit from other habitable space.
• Every bedroom must have access to a bathroom without having to pass through another bedroom.
• Kitchens and other non-habitable space must not be used for sleeping purposes.
• Bedrooms must provide light, ventilation, room area, ceiling height and room width in conformity with the code,and must be in conformity with fire safety requirements.


4) Fire Safety Requirements Applied to Bedrooms:
• Every bedroom must have access to a bathroom without having to pass through another bedroom.
• Two means of exit must be available from a bedroom, with one being a door or window leading di- rectly to the exterior.
• Kitchens and other non-habitable space must not be used for sleeping purposes.
• The window sill must be at a maximum height of 44 inches from the floor.
• Bedrooms must provide light, ventilation, room area, ceiling heightandroomwidth inconformitywiththecode,and must be in conformity with fire safety requirements. (Please
• An exit must not lead through another sleeping area or a bathroom.

[spencgr]

Originally Posted by pichalite

The landlord would not tell me the truth.

Why do you think the LL is lying?

[Old Guard]

How long have you been living there?

[LynchburgLover]

Originally Posted by LynchburgLover

Mother used to say about DC: Where you live is who you are; what you drive is what you want to be.

I'm sorry -- posted in wrong thread.

[pichalite]

I've been living here for 10 months. There are two rooms in the underground basement and I'm living in one of them.

- In March 2015 third week, since the other room is going to be vacant end of April 2015, I asked the land lord if I may take the other room as well from May 2015 since I may have guests visiting me for a month. He happily agreed to it and gave time till Apr 7, 2015 to confirm.

- On April 5, 2015, I confirmed him via SMS text message that I would be renting the other room from May 1, 2015

- On April 10, 2015, I took back my word as I found another ground level basement that would be comfortable for me and my guests. So I informed him of not being able to rent the other room.

Per lease, a 30 day notice from 1st of month is required and he collected 1 month rent security deposit from me. So, I informed him by e-mail I would leave at end of April 2015 and he can keep my security deposit towards May 2015 rent for my room and requested him to free me of obligations for other room. He explained me last month rent is not equal to security deposit. I went through lease and understood the terms. I agreed to pay the rent for May 2015 with out me staying at the place. He would also give me back the deposit as applicable per lease.

The problem now is, LL wants me to pay the rent for other room as well for May 2015 as I confirmed and he lost prospective tenants. He is threatening me of suing using the text message on basis of cheating if I don't pay the rent for May 2015 for 2nd room. I'm trying to find my rights in this case. That is the reason I want to know if the place is legal to rent. I pay him rent through online transfer, so I'm assuming he pays taxes for it. If the place is not legal, he cannot sue me. Also, I'm concerned I may not be able sue him for my deposit. From tax assessment of the property, I see the finished basement sqft is included in total SFLA. There is no information on rental unit.

I understand in the whole episode I made mistake by taking backing word, but that is not a long enough gap to lose prospective tenants and the end of month is still 20 days. I need suggestions on how strong the SMS confirmation with out legal agreements holds good in court. Also, the rent per room per month is $600.

I wish I could update this information in original post of thread but I don't see an edit option.

[LynchburgLover]

I'd suggest you call the Loudoun government offices to see if it is permitted.

Then I would call the Loudoun Bar Association and see if there is a tenant-advocate lawyer who may work pro-bono (if you can't afford it) or for a reasonable fee.

You mention it is an "underground" basement. Does it have a direct method of egress to the outside?

[TheWatchmen]

It is legal to rent out basement bedrooms, as long as they have proper egress to outside.

Are there any perhaps unpermitted additions and finishes to the basement, such as a kitchen?

[Old Guard]

Though I think that you were a little disingenuous with your first post it really is not any of my business. I just think you will get quicker and better responses if you are clear from the beginning.

I think the only thing that may save you is if you did not sign a lease for the second room.

Good luck.