Renting out my home with an unpermitted bathroom

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Renting out my home with an unpermitted bathroom

Camden Fischer
Member since 2019 · 3 posts · 0 votes

Hey all,

When I bought my townhouse in December 2019, I added a bathroom and kitchenette to the basement and stupidly did not pull permits for it. I know now that it was a big mistake, and have been kicking myself for it since. For what it's worth, in almost two years the bathroom hasn't had any issues. The contractor was licensed and came highly recommended, and I trust his work. 

I plan on leaving this house and finding a renter this May. My locality (Washington, DC) requires that I have my house inspected in order to rent it. Will the inspector flag me for an unpermitted bathroom? The illegal work fee will be $2000 or maybe $4000. Not to mention the cost of ripping out walls and likely the floor, since they had to drill through the concrete to get to the sewer line. Could I get away with finding a renter and not getting the proper approvals for the city? Or will that bite me in the *** too? How would you all proceed?

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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
4y

Well you've already seen what skirting a the law can get you......but you're in now so....

What kind of inspector do they send out to do this particular inspection? A building inspector will probably catch you, but another type may not. When I had my STR inspected to get a license, they sent out a non-building inspector lady. She was pretty knowlegable but just in regards to basic codes like GFIs and smoke alarms.

I'd call and ask who is coming out first then make a decision. You may have to just cross your fingers and do it anyway....?

Note to others: This is why it's always best to get a permit, and this is only one of many reasons......

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Well you've already seen what skirting a the law can get you......but you're in now so....

    What kind of inspector do they send out to do this particular inspection? A building inspector will probably catch you, but another type may not. When I had my STR inspected to get a license, they sent out a non-building inspector lady. She was pretty knowlegable but just in regards to basic codes like GFIs and smoke alarms.

    I'd call and ask who is coming out first then make a decision. You may have to just cross your fingers and do it anyway....?

    Note to others: This is why it's always best to get a permit, and this is only one of many reasons......

    2Reply
  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y
    Quote from @Camden Fischer:

    Hey all,

    When I bought my townhouse in December 2019, I added a bathroom and kitchenette to the basement and stupidly did not pull permits for it. I know now that it was a big mistake, and have been kicking myself for it since. For what it's worth, in almost two years the bathroom hasn't had any issues. The contractor was licensed and came highly recommended, and I trust his work. 

    I plan on leaving this house and finding a renter this May. My locality (Washington, DC) requires that I have my house inspected in order to rent it. Will the inspector flag me for an unpermitted bathroom? The illegal work fee will be $2000 or maybe $4000. Not to mention the cost of ripping out walls and likely the floor, since they had to drill through the concrete to get to the sewer line. Could I get away with finding a renter and not getting the proper approvals for the city? Or will that bite me in the *** too? How would you all proceed?

    Bathroom wont be an issue, kitchenette might be depending on whats in it. 
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  • Camden Fischer
    OP
    Member since 2019 · 3 posts · 0 votes
    4y
    Originally posted by @Russell Brazil:
    Quote from @Camden Fischer:

    Hey all,

    When I bought my townhouse in December 2019, I added a bathroom and kitchenette to the basement and stupidly did not pull permits for it. I know now that it was a big mistake, and have been kicking myself for it since. For what it's worth, in almost two years the bathroom hasn't had any issues. The contractor was licensed and came highly recommended, and I trust his work. 

    I plan on leaving this house and finding a renter this May. My locality (Washington, DC) requires that I have my house inspected in order to rent it. Will the inspector flag me for an unpermitted bathroom? The illegal work fee will be $2000 or maybe $4000. Not to mention the cost of ripping out walls and likely the floor, since they had to drill through the concrete to get to the sewer line. Could I get away with finding a renter and not getting the proper approvals for the city? Or will that bite me in the *** too? How would you all proceed?

    Bathroom wont be an issue, kitchenette might be depending on whats in it. 

     You're saying the inspector won't care about the bathroom? And the kitchenette is only a countertop and a sink

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    4y
    Quote from @Camden Fischer:
    Originally posted by @Russell Brazil:
    Quote from @Camden Fischer:

    Hey all,

    When I bought my townhouse in December 2019, I added a bathroom and kitchenette to the basement and stupidly did not pull permits for it. I know now that it was a big mistake, and have been kicking myself for it since. For what it's worth, in almost two years the bathroom hasn't had any issues. The contractor was licensed and came highly recommended, and I trust his work. 

    I plan on leaving this house and finding a renter this May. My locality (Washington, DC) requires that I have my house inspected in order to rent it. Will the inspector flag me for an unpermitted bathroom? The illegal work fee will be $2000 or maybe $4000. Not to mention the cost of ripping out walls and likely the floor, since they had to drill through the concrete to get to the sewer line. Could I get away with finding a renter and not getting the proper approvals for the city? Or will that bite me in the *** too? How would you all proceed?

    Bathroom wont be an issue, kitchenette might be depending on whats in it. 

     You're saying the inspector won't care about the bathroom? And the kitchenette is only a countertop and a sink


     If you dont have a wetbar permit for the sink, that's a bigger problem. They wont care about the bathroom at all. They may care about that sink. 

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Originally posted by @Russell Brazil:

    I don't know anywhere where they won't care about an unpermitted bathroom...toilet, shower, sink...the plumbing, the electrical circuits? There are way too many codes regarding bathrooms for inspectors  to just not care.....

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  • Camden Fischer
    OP
    Member since 2019 · 3 posts · 0 votes
    4y
    Originally posted by @Bruce Woodruff:
    Originally posted by @Russell Brazil:

    I don't know anywhere where they won't care about an unpermitted bathroom...toilet, shower, sink...the plumbing, the electrical circuits? There are way too many codes regarding bathrooms for inspectors  to just not care.....

    Oof. I want quite bad to just throw in the money and get it all permitted but it would be probably $6k+ including illegal work fees... What are the downsides of not having the rental inspection?

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    As the old saying goes, better to ask forgiveness than permission.......

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  • Andy Thompson
    Contractor · Denver, CO · Member since 2014 · 38 posts · 24 votes
    4y

    @Camden Fischer

    Then you'll have an illegal rental on top of illegal rehab. And you're already sweating the illegal rehab, so i doubt you have the stomach for an illegal rental too.

    In reality, would you get caught? Consider what the rental inspection includes. It's probably just making sure you have egress in bedrooms and aren't running a slum. Maybe they count the bedrooms and the bathroom and sign off on a certain tenant capacity. It's unlikely that they'll go into forensics comparing existing conditions vs. permitted scope of work, tracking every corner of the house from initial construction to now.

    Now if you arent supposed to have a "kitchen" in your basement because of zoning restrictions (kitchens often make it a duplex or ADU) maybe you'll have a problem. But if you just have a "wet bar" down there, maybe everything is cool. When I'm going through building inspections for basement finishing, I stay away from using any word that sounds like "kitchen" just to not trigger some crusty inspector or plan reviewer.

    If you don't have a full oven down there just tell them it's a wet bar. Or it came with the house. Check your regs ahead of time and don't draw attention to it. You'll probably be fine.

    1Reply
  • Andy Thompson
    Contractor · Denver, CO · Member since 2014 · 38 posts · 24 votes
    4y

    @Camden Fischer Also, next time pull permits so you can sleep at night. Kudos for having a strong conscience.

    0Reply
  • Austin F.
    Investor · MI · Member since 2015 · 227 posts · 478 votes
    4y

    Like everyone else said, depends who is inspecting it. Worst case is they fine you and you get legal then rent, best case is they give you the license and off you go. I'd roll the dice.

    I would NOT operate an illegal rental, that's a MUCH bigger can of worms than a sink the city didn't tax you for.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    My recommendation is that you admit the mistake and pay the price.

    You say the contractor was "licensed" and highly recommended. So why did he do the work without a permit?
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  • Scott M.
    Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    4y

    Get it inspected and get it right.  Best thing for you and the tenant.  

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Originally posted by @Nathan Gesner:
    You say the contractor was "licensed" and highly recommended. So why did he do the work without a permit?

    Really good point. I would never take a job when the owner wanted to do it without a permit. A big red flag that they would be problems if they're too cheap to get a lousy permit.....

    0Reply
  • Dwayne Poster
    Investor · Van Isle · Member since 2021 · 455 posts · 226 votes
    4y

    I’m thinking the bigger issue is your insurance coverage. Not only for your building, but third party liability. I would bet that an inspector will search title for permits before attending. Comes down to mitigating risk and what your comfort level is.

    1Reply
  • Mark B.Pro Member
    Rental Property Investor · Morgan Hill, CA · Member since 2012 · 212 posts · 64 votes
    4y

    @Camden Fischer If anything went wrong I would be concerned that there would be no insurance coverage. The first thing they do is pick through the claim to find a reason to deny coverage.

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