As a landlord, you want to minimize your legal liability. Glaring safety issues in your rental property can leave you exposed to legal action. In this article we’ll address a common misconception around “grandfathered” basements and why you could still be liable for a basement room you aren’t advertising as a bedroom.
Kansas Legal Precedent and Why “Grandfathered” Properties are a Liability
A common misconception among landlords is that if a basement bedroom isn’t up to code, it doesn’t matter because the home is grandfathered in. While code violations like ceiling height or hallway width might be grandfathered in, you can’t grandfather life-safety issues.
In Steele v. Latimer the Kansas Supreme court enforced an “implied warranty of habitability". In simple terms, it means that regardless of the age of the property, you can’t rent out a space that endangers the renters. So if you have a basement bedroom without a proper egress window, you could be legally liable for renting out a property that wasn’t safe.
By code, a bedroom has to have two ways to exit. Without an egress window, you are in breach of the habitability warranty. In case of a tenant injury or death, you could be subject to a catastrophic lawsuit.
But It’s Not Advertised as a Bedroom!
The obvious and easy “workaround” is simply to call a basement room a den or an office. The problem with that strategy is that liability is often determined by how your tenant uses the space, rather than by what you called the space.
Imagine you owned a hardware store and sold a flimsy ladder, but labeled it ‘Decorative Plant Stand–Do Not Climb.’ You then watched a customer buy the ladder along with a gallon of ceiling paint. When the customer falls and gets injured, you can’t simply point to the sticker.
In the eyes of the law, the actual use trumps a fake label. In the case of a basement room, you could be liable for wilful negligence if you ignored the fact that the tenant was using the “den” as a bedroom.
Think Like an Investor
Unless you’re running a housing non-profit, the whole point of owning rental properties is to make money. As we discussed above, proper egress windows can help you avoid catastrophic losses.
Fortunately, an egress window well can also have a positive long term ROI. Being able to advertise the home as having more bedrooms allows you to increase rent and improve cash flow.
It also improves the value of your property, which is useful whether you want to extract equity or sell the property in the future.
Summary
Don’t play fast and loose when it comes to the safety of your tenants and your code compliance. From a legal standpoint, it’s your responsibility to make sure that your properties are safe for your tenants.
Adding an egress window well to a basement room adds long term value to your property and helps you protect the wealth you’ve already built. Choose a reputable installer for long term value and service.
If you’re interested in getting a quote for a new egress window well, give us a call at 620-200-0616 or send us a message here.
Consult Your Attorney
The information provided in this post is for educational purposes only and does not constitute legal advice; please consult a qualified attorney regarding your specific situation.