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Buying home with illegal suite and live in the basement

umgalvez

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I'm in the market of buying my first home in Calgary and specifically looking for a home with a basement suite. Many homes with basement suites for sale are often illegal so I don't feel comfortable with renting the basement out. Instead, I would plan to live in the basement and rent out the main floor. Is there any problem with this idea? I personally don't mind living in the basement and knowing that renting out the main floor provides a higher return on investment.
 

Thomas Beyer

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Yes there is risk with owning a house with an illegal suite and renting it out. I just got shut down in Kamloops despite the city whining about " we need more affordable housing". The subdivision plan to cut the large 1/2 acre lot into two, with one house each with a legal suite each too got shut down. Calgary is similar in that legal suites are rare and approved only in some areas today, with fairly sizeable upgrade costs.

More on Calgary secondary suites incl how to make an existing illegal suite legal and where it is potentially allowed, click here http://www.calgary.ca/PDA/pd/Pages/Permits/Projects/Secondary-Suites.aspx?redirect=/suites
 

Martin1968

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City of Calgary allows legal suites in certain areas. I'm sure they have info on their website.
This is the same for the city of Airdrie. You might want to check around for other outlaying areas such as Chestermere, Cochrane or Okotoks. All with in commuting distance. Personally I would stay away from the illegal suites, unless you want to go through a lengthy application process and meeting all requirements as described in the link in the previous post.
 

umgalvez

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I'm talking about myself being the home owner and choosing to live in the illegal basement suite, and only renting the main floor suite out. Are there any legal repercussions as the home owner with choosing to live in the basement? I can't find anything wrong with that unless I'm missing something.
 

Thomas Beyer

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It matters not who lives where. An illegal suite is illegal or non-conforming even if occupied by you as the owner. The issue is fire code, dual kitchens, exit options, ceiling heights, window heights, excessive traffic and parking.
 

kfort

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Is it illegal, or non-conforming? ie: Zoned for 2 or just 1?

If it's zoned for 1 you can get shut down no matter who's living there. Zoned for 2 and you can get a long (or short) list of required upgrades to conform to current code.
 

Thomas Beyer

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Is it illegal, or non-conforming? ie: Zoned for 2 or just 1?

If it's zoned for 1 you can get shut down no matter who's living there. Zoned for 2 and you can get a long (or short) list of required upgrades to conform to current code.

Let's assume it is zoned for 1. Being zoned for 2 but having only one unit ( or a hastily installed second one) is very rare.
 

kfort

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Let's assume it is zoned for 1. Being zoned for 2 but having only one unit ( or a hastily installed second one) is very rare.

So regardless of conforming with building codes, it will be decommissioned when reported. If miraculously zoned appropriately an entirely different result.
 

umgalvez

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It's R-C2 zoned and non-conforming due to the lack of available parking spaces on the property, single furnace/electrical, and lack of interconnected smoke alarms.
 

kfort

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Guess miracles happen every day. Those are all reasonably easy to remedy with money. This assumes you have room to move a fence & add parking of course.
 

dpeacock

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if it's zoned R-2, in Calgary, and has been operating as a secondary suite prior to 1985 (double check that date), then only the fire code applies to "legalizing the suite". For example, you only need one furnace, a secondary heat source could be a plug in wall heater, egress window, proper drywall, electrical may be in the lower suite, etc. Potentially less expensive and onerous than developing up to new building codes. Call the city of Calgary for more information. They are actually just trying to make sure your place is safe for tenants. You will need proper parking.
 

StuckInABasement

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Hello; I am currently in a bind where I live and I don't know what to do, or where to turn. Maybe someone on this thread can help.

I live in a basement suite with my boyfriend and my 2 kids (14 and 16), in Kamloops. We have been living here since last November. This suite does not have proper windows (for fire hazards). They are very small windows and we would not be able to make it out if there was a fire. There is no ventilation, and the only air conditioning we have is when the owner turns on the air conditioning at his own discretion. I read a few issues that were pointed out above and some apply to my suite. The issue is fire code, exit options, (only one way out and our exit and entrance goes up some stairs that always smell like smoke, and the worst is that tonight it smelled like Methamphetamine in my kitchen and in the stairwell) window heights, excessive traffic and parking.

The upstairs renters all smoke. The owner lives here with 2 other guys. Everyone is on welfare and no one has jobs. They all smoke and their smoke comes down inside of this suite because of the air shafts that are right outside the door (outside of our exit). They smoke so close to the door that the stairwell is also contaminated with smoke as well.

There are all sorts of holes in between the ceiling and the upstairs floor, because whoever designed this suite did not fill in certain areas. The floors also have open gaps along the baseboards, and bugs can easily crawl through the gaps (We had a very bad infestation of spiders these past few months).

The tenants were getting our mail out of the one mail box and either holding it upstairs for days, or throwing it down on the stairs. When I complained about that the owner told me to get my own mail out of their mailbox (which is very uncomfortable).

I have been complaining about the smoke to the landlord, until he flat out told me that if I didn't like it, then I can move.. Well, I can't move, because we are on a tight budget and it would be impossible.

My question is; The owner is charging us $1,200.00 monthly and I am wondering if we can sue him to get back our money since this suite appears to be an illegal one.

Also how can I find out if it is insured and if it is a legal suite or not? Who do I contact without being threatened?

Another thing; I overheard one of his tenants (young men in their 20's) make a comment about a visitor who came here one day; He said (to the owner); "I should have keyed his car" (there was some sort of an altercation involving the police, and the younger tenants and their visitors). So, as you can see, it's kind of a bad situation.

But my question is; I would love to move NOW, but can I get our money back fr this being an illegal suite? ALL of our money back?

Also, this owner wanted us to sign a rental agreement that claims we are only giving him $600.00 a month, but we really give him $1,200.00 a month..

If anyone out here can help.
 
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Tina Myrvang

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You will need to go through the correct channels.

Go here for all tenancy disputes in BC. I would like to know if this is a legal suite also.

Sounds like your landlord does not care about you or the property.

To find out if it's a legal basement suite you need to go to the City. Please note, if they are not and get shut down, you will have to move temporary till the landlord makes it legal and up to code.
 

Matt Crowley

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@StuckInABasement just leave. Nothing is worth that headache, go through the channels afterwards if necessary. Tenant contracts across the country deeply favour the tenant, you will have no problem getting out of your lease in almost any situation and you have legitimate complaints. Don't wait, just go.
 
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