Legal Question in Real Estate Law in Rhode Island

basement living

I own a house and have my son, wife and grand daughter living in the basement paying no rent but there is only one exit. I live in Pawtucket,

RI is this Okay?


Asked on 7/13/09, 6:18 pm

1 Answer from Attorneys

Staff General Counsel LawyersCollaborative

Re: basement living

Sir:

The home I grew up in (also in Pawtucket, RI) had a basement with just 1 way in and out (and that was up a flight of stairs). Other than homes with a walk out basement from which you can walk out on to the back yard, I suspect most homes with a regular basement only have 1 way in and out.

But people are not generally using such a basement as living quarters. The question does not state what, exactly, constitutes "living in the basement." Do they cook down there? Are there bathrooms in the basement?

And what do you mean by "Okay"? If you mean, is it safe, it may be quite unsafe, especially if they cook down there. If you mean, is it legal, well that depends on what exactly they are doing down there. If you mean does it meet code requirements, then you would need to look at the State Building Code and municipal code ordinances (or invite the building inspector to the house - though I do not recommend doing so unless you are prepared to do whatever work he says is required or have the folks move out).

I suggest you find a good, local lawyer with whom you might build a relationship - many such lawyers would not charge you more than a few hundred dollars to research such a question after meeting to learn what precisely is going on down in the basement. And lawyers do come in handy when you need one!

Best wishes.

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Answered on 7/13/09, 7:41 pm


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