Possible illegal basement Apartment | Page 2 | GTAMotorcycle.com

Possible illegal basement Apartment

Thanks for all the replies though there is way too many questions to reply to all of them.

I doubt the apt was up to code when it was built. It was built right before I moved in December of last year and the ceilings are too low from what I am reading online to what is allowed.

I stay on top of the lint trap as much as I can but I can see a hearty build up at the vent opening that leads outside and I can't clean all the way through that duct. Even more worry-some is that the duct runs above my bedroom and if a fire started in there it could be devastating. (I deal with dryer vent fires all the time...and the residents run the dryer and go to sleep all the time)

I'm taking as many precautions as I can to keep myself safe. I'll try and speak with Toronto Fire prevention and/or the LTB and get some concrete info.
 
I think when people refer to legal and illegal basement apartments they are mostly referring to it being registered or not. Regardless, a living space must meet fire codes, etc... Most don't.
 
Brian P said:
There's illegal and then there's unsafe. Legal means "at the time of construction" and only certain things are capable of being upgraded, and not everything that would be "nice to have" is possible, practical, or cost-effective.

If they never clean the dryer lint trap then that's an easy fix, I'd simply do it yourself. Not worth raising a fuss over.

If the smoke alarms aren't connected, it just means they're battery powered. The smoke alarms that came with my house were AC powered and interconnected, but over-sensitive to the point of not being able to cook without tripping them. I replaced them with battery powered smoke detectors which are not connected but are a lot less annoying.

Check whether all the smoke alarms (A) have good batteries and (B) work.

My house only has one set of stairs down from upstairs and it's the only way out from upstairs (living space) and exiting from any of the bedrooms requires going past the hallway from the kitchen (one of the more likely places for a fire to start) before you get to the stairs, this was built in 2003, and a good many houses that aren't huge, only have one stairway down from the second floor. I think you are overthinking this one. Sure, it would be nice if every house had two stairwells but lots of things would be nice but ain't happening.

I somehow doubt that 5/8" drywall versus 1/2" drywall is going to make a whole lot of real world difference.

Check more basic things that are real fire risks, like condition of the wiring and the electrical panel. Open a few receptacles and see what the wiring looks like. See how many receptacles they have on each breaker. Check whether the breaker ratings correspond to the proper wiring gauge for that current rating.
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You have other exits in an emergency... you can jump from a second story window.
The OP has described a situation where, if the lone stairway was impassable, he would be stuck in the basement as there are no other exits... he can't fit out a window.
 
slowbird said:
Good idea
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IMO... Just go and explain yourself to the landlord. Tell them straight up that you have concerns about the place and that you want out of the lease asap. Tell them you'll give them a reasonable, but short amount, of time to find another tenant.
 
Because it will probably take a week or two for op to find another place anyway.
It's a lot easier, and probably cheaper, to pay 2 weeks rent extra then have to go through proceedings.
 
I meant the OP should do it on his sched, not what it takes for the landlord to find a tenant. Finding a tenant may take longer than for the OP to find another place.
 
If in doubt, it likely isn’t legal, what are your next steps?
A) Decide whether you can afford a ‘legal’ apartment or not—the reasons illegal apartments aren’t in the news?—people don’t care, can’t afford “legal” ones, and “illegal” apartments are A-ok as long as the rent’s reasonable. Your rent likely isn’t market rent for the area, and the “illegal” status reflects that

B) Move out. Will you find a legal apartment with 2 garage spots for the same price? I’ll bet no

C) Dragging the LL through the legal system is super time consuming, if you’re unemployed, proceed to fight the fruitless battle
 
You can break any lease in Ontario with about 1-3 months notice depending on factors, illegal/unsafe basement apartment is definitely one of them.
If he sues in small claims you will win - if your goal is to leave that place just give enough notice such that your last month's rent can be used up and leave.

I've been on both ends of it - as a tenant when younger and a landlord now; I don't require more than 30 days notice from my tenants for this reason - realistically if the rent is good you can always find someone else in 30 days anyway.
 
So I called the landlord tenant Board and they told me:

I cannot break the lease regardless if the apartment is illegal or unsafe, unless I fill out a form stating the reasons why I wanna break the lease and they give the ok.

matthew said:
this may help

http://app.toronto.ca/ApplicationStatus/setup.do?action=init
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Awesome! Much obliged.

Can't see any permits for my place ever being submitted.


raginduck said:
You have other exits in an emergency... you can jump from a second story window.
The OP has described a situation where, if the lone stairway was impassable, he would be stuck in the basement as there are no other exits... he can't fit out a window.
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That's correct. There are 2 windows in my bedroom. The one nearest my bed they built another un-openable window over it. The other window opens maybe about a foot wide and there are bars on the outside anyways.

raginduck said:
IMO... Just go and explain yourself to the landlord. Tell them straight up that you have concerns about the place and that you want out of the lease asap. Tell them you'll give them a reasonable, but short amount, of time to find another tenant.
Click to expand...

This was my original plan. I was just looking to be equipped with as much information as possible before getting into talks with the landlord. Better to be prepared and not need it than the opposite of what I just said.
 
Brian P said:
I somehow doubt that 5/8" drywall versus 1/2" drywall is going to make a whole lot of real world difference.
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I wanted to touch on this as I am a drywaller / steel framer with my red seal.

You can't get plain drywall in 5/8" thickness meaning it would be a firecode type x board (or a sound board but that is very rare to find even in home supply stores). Firecode type c is indeed 1/2" but I can guarantee if the ceiling is only a SINGLE layer of 1/2" then it is plain board, which here is the problem. Very hard to tell FC from PL 1/2" boards unless you cut a square out in the exact right spot to see the labels printed on the back of the board. There is a very large difference between even 1/2" FC and 1/2" PL so 5/8" FC would be an even larger difference. Code these days is a 2 hour burn time between separate units which is usually 3 layers of 5/8" or 4 layers of 1/2" FC board.

I deal with high rise normally, so maybe the floor separating the levels adds a certain burn time protection in its self so the layers of board could be reduced, but I doubt it. It is usually all wood, obviously.
 
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