Illegal suites to be inspected...any ideas?

[johnanddonna]

We own a duplex in Calgary, and each side has a lower suite developed, and rented separately from the others.



We just received a notice from the City of Calgary that a complaint has been issued, and they suspect (correctly) that we have more than the allowed number of dwellings on the property. The inspector is scheduled to arrive next week to look at the property. I can't figure out why there was a complaint, since the propert is on a corner with plenty of parking, and there are only 3 vehicles currently owned by all the tenants, so I don't think parking was an issue. (We recently evicted a tenant , so I suspect they may have reported us just to be mean.)



Has anyone had any luck dealing with the City on this issue. I assume they will shut us down because the suites are non-conforming. I read the rules for secondary suites and it appears that they are not allowed in duplexes for some reason. Is there some way to get around these rules?



Any advise would be appreciated!

 

[BrianPersaud]

Inspectors know about them, its just a matter of getting to them. They can review MLS data, rental ads etc





What may happen is they may catch you, order you to take out the illegal stuff (stove etc) and fine you a small amount. Do you have a tenant in the suite?

 

[KeenanTameling]

Is there an update on this story?

 

[johnanddonna]

Actually, one of the upper suites was vacant.



I'm not sure whats going on, since the inspector was through the property 3 weeks ago, and he said at the time that we should expect to receive a notice from the city within a few days, telling us that the lower suites were illegal and have details on what we need to do to make it right... during this initial inspection he said we would likely be asked to reove the stove, cut the 220V power supply off at the box, and remove the kitchen sink and lower cabinets.



The inspectors had been through this property 3 years ago, before we owned it, and he had pics in his file with the suite looking exactly the same as noe EXCEPT no stove. The sink and cabinets had been classified as a wet bar at that time, since no food or dishes, pots, etc were found. I asked why we couldn't leave the sink and cabinet in place, and make it a wet bar again, but he said that since he had found evidence it was being used as a kitchen, that we would now be required to remove it! Once we get their notice I plan to try to negotiate with the inspector ( he seemed like a reasonable guy) and see if I could somehow convert it to a laundry sink and place to fold clothes. We'll see what happens.



The only reason I think we don't have the notice yet is that he felt really bad that the single mom and her 8 year old son who live in the lower suite would be forced to move out. Who knows?



I'll keep you posted on what happens.

 

[AndreiAngelkovski]

This would be interesting and very educational to see what the outcome is.

Please keep us posted John as I am sure many investors own property with "illegal" or "non-conforming" basement suites. It would benefit us all to hear how this was handled.



Thank you for sharing your story with us!




With warmest regards,





Andrei Angelkovski


Your Home / Your Income Property / Your Go To Guy


The Beach / Leslieville / Danforth





RE/MAX Ultimate Realty Inc


Office: 416-487-5131


Cell: 416-885-2010


Fax: 416-487-1750


Email: [email protected]


www.AndreiAngelkovski.com


www.CashFlowPortal.ca

 

[jdame]

I am curious to know the rest of the story, as we also have a duplex property which has an upper and lower units (both occupied) and received notice on Friday that they will be inspecting this Monday. I have notified the tenants (who are friends).



We understand we might have to remove the stove, but are worried about the cupboards and sink - would prefer for this to stay as a wet bar concept.



Each unit also has a washer and dryer.



Any information or advice would be greatly appreciated.

 

[apple]

Hi all,



I have received the love letter from the City to inspect the illegal suite in my house, I suspect the complainant is the disgruntle tenant whom I evicted. If you have experienced with the inspection process or know what I should be aware of, could you please kindly advise me. Your help is greatly appreciated. I would so legalize the suite if I have the choice, but unfortunately I found out the I would need to rezone it and the process is tedious and costly. I have spent all the money to make the suite up to par and ensure it is safe and now I am being punished with this. I also reported the income and paid the taxes on the suite, I am just so frustrated with the City for making this hard on landlords like me who does everything right (almost everything - aside from having an illegal suite).



If I am being forced to take out the suite, I can no longer afford this place and will have to sell it. I will not only have a capital loss but rental loss, so the gov't has one less income streaming in. So I am not sure why they would not legalize all the suites without all the hassle? That being put aside, my main focus and concern is to pass the inspection this Monday, which is coming very soon- 1 day away (( Please anyone who has experience with this, please help and provide me with any tips to help me through this, that would be greatly appreciated.



Thanks in advance for your help.

 

[therealpotentials]

Can you share the latest about your basement suite?



Thanks.