Can a tenant unilaterally decide to use the basement as a bedroom

Question

Hello all,

I have a rental property in PA. The tenant recently informed my PM that during periods of substantial rain, some water leaks in her bedroom; furthermore, she currently uses the basement as a bedroom instead of the 3 bedrooms on the 2nd floor. The basement is a common area (boiler and hot water heater) with no privacy and no bathroom facilities; however, it does have a window and two doors (one to the the backyard and the other to the the first floor) . In addition, the basement needs to be painted and renovated. I cannot find anything in PA Code that addresses this matter for private rentals. Can we stop the tenant from doing such? In addition, we believe unauthorized tenants have actually moved into the basement and  plan to inspect the property soon. Thanks in advance for your assistance.

Ben Zimmerman · Answer

I guess my first thoughts are why do you care what room your tenant sleeps in? I don't care if they sleep in the bedroom, the couch, or the garage so long as they pay the rent on time and don't trash the unit. I would be much more worried about a roof that leaks than where my tenant decides to sleep.

Unauthorized additional tenants is a separate (albeit unconfirmed) issue.

Nathan Gesner · Answer

The tenant can sleep anywhere they want to. If they decide to empty the kitchen cabinets and crawl in there each night, that's their choice. As long as you didn't advertise the basement as a bedroom, you're safe.

However, I would give her written notice of the dangers. If she sleeps in the the same space as the boiler and water heater, she is increasing the changes of carbon monoxide poisoning. It's also harder to escape a basement in case of fire. I would write her a short letter warning her of the dangers, then drop it.

Theresa Harris · Answer

I'd tell her point blank that the basement is not a living space and should not be used as such.  After that, leave it to her to use the house how she wants. That does not mean she can brining in additional people as that is a violation of the lease.

Colleen F. · Answer

@Marlin Q. Parker, Sr., Esq.    So this is a common area in a duplex?   If that is the case then they rented the space in their unit.  The lease is for Unit 1.   Unless they have a separate space soley under their control they are not free to sleep in the basement. It is not part of their unit per the lease.  This is like someone sleeping in the common hallway, it is just not theirs.

If it is part of their unit, e.g  you have separate basement areas I would warn her and non-renew, too much risk. If she has unauthorized people or it is truely not part of her unit send a lease violation for that.

What are you hearing from the other units tenant.

Patricia Steiner · Answer

What does your lease say?  What has the tenant leased from you?  If the basement is not designated as a bedroom, you will need to assess risk.  Does it have an egress?  Does it meet code as a bedroom?  Once you know, you know - so manage to the lease.  If there's no reference to the basement, you will need to mitigate risk so that there is nothing present that could be a danger if used for any purpose - in other words, protect yourself from the tenant's creative use of space.

Fun, huh?

Daniel Smyth · Answer

@Marlin Q. Parker, Sr., Esq.

What does the lease require?

Write a new lease with provisions for basement use and sub-letting.

That being said, I hope you are not trying to be a turd because there is water leaking and it is being addressed.

Legally a bedroom must have a closet and egress by window and a regular entry/exit.

That being fact most everywhere, there are no bedroom nazis I know that check these things.

If your tenants complain to the government, you can save yourself trouble if you can show the lease provides that there are no bedrooms in the basement.

Good luck!

Scott Mac · Answer

Next lease maybe say "Basement is not to be used as human sleeping quarters".

Some people may want to keep their dog in the basement during the winter to prevent it from becoming a Popsicle.

Or some may want to let their kids play down there on rainy or snowy days.

Marlin Q. Parker, Sr., Esq. · Answer

Thanks fr chiming in. Both units are entirely separated so the basement is not a common area; however, it is not suitable to serve as a bedroom. Regarding the lease, renewal is not an option, Furthermore, if we obtain actual evidence of a substantial lease violation (e.g. unauthorized tenants), we will move to evict.

Henry T. · Answer

Its a utility room, not a living space.  I see this property having some potential risks, better raise the rent. Deactivate the door that leads up to the residence. Most likely the old stairway doesn't meet current code anyway, good excuse. It's your right as the owner to make any improvements or safety changes. You said it can be accessed from outside, maybe that's all the access you need. Mention in your future lease the basement is not a living space and cannot be used as such. No beds, futons, couches, etc allowed.  Ignore the tenant complaint of water, its not a living space.

Can a tenant unilaterally decide to use the basement as a bedroom

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