I own a fourplex consisting of a two structures on one lot: a house and a triplex. I live in the house and have a housemate who rents the basement out but shares the upstairs bathroom and one upstairs room (which contains her fridge). I need to do foundation work and have been told I should not have anyone living in the basement, period as it's not to code. Can I simply give her 30 days notice or is this more complicated? Please advise.
If your renter in the single family home is on a month to month rental agreement, a 30 Day Notice to Terminate Tenancy due to required repairs in the basement, will probably be sufficient. If she has been a good renter, and you have room on the main floor of your home to provide her a bedroom to rent while you perform basement repairs, that may also be an option.
You should determine from a contractor how long the basement repairs will take to complete, and you could also give your renter the option of returning following completion of those repairs. Make sure that your contractor obtains all required permits for the work being done in the basement. Because you have been using the basement which you state "is not to code", you could face financial penalties from the local Planning/Building Department. By obtaining a permit to do the corrective work prior to being cited for an illegal basement, you will demonstrate our intent to comply with the required building standards which will help you to minimize or avoid penalties from the Planning.Building Department.
Maurice A. Priest
Real Estate Attorney
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