Expert: Derek Hamilton - 5/17/2011

Question
I recently purchased a home that I will partially rent out.  The basement is separated into two apartments.  One apartment has an existing kitchen that has been there for years but the retrofit status is not guaranteed by the seller.  I was told by my realtor that the Grandfather Clause applies to this kitchen and I am able to rent out the apartment.  Will I legally be able to rent out the apartment and what liabilities am I assuming?  Also, the other apartment does not currently have a kitchen but does have the existing plumbing and electrical wiring for a kitchen.  I would like to install a kitchen and use it for myself.  Is this permissible by law?  Thank you for your help.

Answer
Hi Melanie,

I'm not sure where you're living? Anyway, with regards to basement apartments. A large majority of apartments are illegal and Seller's and Agents will not guarantee retrofit status.
Some of the issues surrounding apartments include ceiling height, fire doors, emergency exits, liability in case of fire, windows, Electrical, A letter from the fire Marshall's office, local bylaws regarding basement apartments etc...
Please check with the City or Township, talk to your Real Estate lawyer and Real Estate Agent about obtaining Retrofit Status.

Good luck,
Derek