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Re: Tenant keeps using basement as bedrms - Landlord Forum thread 220009

Re: Tenant keeps using basement as bedrms by Jezz (NY) on March 23, 2011 @19:30

                              
The town rental code does say no living space in the basement.The town would issue violations for the "bedrooms"
I was hoping for some help not an argument.
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Re: Tenant keeps using basement as bedrms by ERIC on March 24, 2011 @08:22 [ Reply ]
I wasn't arguing. I am having a hard time trying to understand how a split-level, a walk out, or a fully finished basement with egress windows would not be allowed.

I am also having a hard time understanding how a Town would even know about it. I even have a hard time understanding how a Town would even be able to enforce it, much less if a DA or Code enforcement person could prosecute for it. Or how a Judge would be able to issue fine for a unconstitutional ordinance.

You cannot 'make' people stay out of a basement unless you board it up. If they want to sleep there, it's their own business, not yours.

    Re: Tenant keeps using basement as bedrms by DIzzy (Wonderland) on March 24, 2011 @10:04 [ Reply ]
    Amazing - if there is a fire and someone is hurt, the LL is responsible and the insurance company can disavow due to illegal residency and in fact I would expect the insurance company to pursue this in court; if the city/town has; no basement dwelling, you can believe the city/town can enforce and fine a LL.
    It's an illegal use of space, and again, if a firefighter should be hurt rescuing someone from there - wow, mega-lawsuit.
    for reference see MN code 244.1910
      Re: Tenant keeps using basement as bedrms by ERIC on March 24, 2011 @11:55 [ Reply ]
      MN code 244.1910 has nothing to do with illegal dwellings. If a landlord provides a sleeping area in an illegal area is different than a tenant making one in an illegal area.

      A LL cannot be in the property all of the time. A LL cannot even go into the property without notice. A PM will never even go into the property. A judge will not allow an eviction for sleeping in the basement.

      So, I am unsure what you are referring to. The tenant makes the decision to sleep there. It is not the LL resposibility to make sure they are safe.


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