When scrolling through ads for places to rent, you’ll see everything from luxury penthouses to small one-room studios. But what if the unit you have your eye on is a basement apartment? How can you be sure it’s legal? Is it safe to live in?
The truth is that not all basement apartments are created equal. While some meet legal and safety standards, others could come with hidden risks that make them a potential liability, uninsurable, or even downright dangerous.
As a renter, it’s crucial to understand what makes a basement apartment legal in Canada and to know the key safety features to look for. This article will walk you through both, and provide you with a checklist to assess any basement apartment you’re considering moving into.
Are basement apartments legal in Canada?
Yes, basement apartments are legal in Canada. However, for a unit to be considered legal, it must comply with provincial building and fire codes, provincial electrical safety standards, as well as municipal zoning and other bylaws.
Does that mean all basement apartments actually are legal? Unfortunately, no. While many landlords go through the proper channels – applying for building permits, undergoing inspections, and ensuring their units meet safety standards – not all do.
When an illegal basement apartment is discovered or reported for violating provincial or municipal requirements, it’s the landlord who faces penalties – often in the form of hefty fines. In some cases, they may also be required to bring the unit up to code before renting it out again. As for tenants, while they typically aren’t fined, they may face eviction if the unit is deemed unfit for occupancy.
That’s why it’s crucial for renters to verify whether a basement apartment is legal vs. illegal before signing a lease. Some cities maintain public databases where landlords must register basement apartments, making it easier to check.
However, in areas without these systems, it’s up to you, the renter, to do your research and confirm that the basement in question meets all legal and safety requirements before you sign on the dotted line.
Helpful links for renters in Ontario
Helpful links for renters in Quebec
Are basement apartments safe?
Yes, a legal basement apartment that meets all provincial and municipal requirements is designed to be a safe place to live. However, not all basement apartments meet these standards, which could ultimately put your safety in jeopardy.
Generally speaking, a safe basement apartment should at least have:
- Emergency exits: Egress windows and doors that meet size regulations and allow for an unobstructed exit in an emergency
- Strong structural integrity: Foundation, walls, and ceilings are free from cracks, leaks, or hazards
- Fire safety measures: Working smoke and carbon monoxide detectors, fire-resistant materials, and proper separation from the main living space
- Proper ventilation: Adequate airflow through windows, vents, or an HVAC system
- Effective flood protection: Functioning drainage systems, sump pumps, backwater valves, and waterproofing
- Legal compliance: Meets zoning, occupancy, and building code requirements
How to make your basement apartment safe as a renter
While provincial and municipal regulations ensure that your basement apartment meets essential safety standards, there are additional precautions you can take as a tenant to further enhance your safety and security. For example:
- Buy renters insurance with water damage coverage: While coverage for your personal belongings, liability, and additional living expenses comes standard, you often need to opt into additional coverage for water damage.
- Install additional safety and security features: Not only can monitored fire and security systems make your home safe, but they may also score you a discount on renters insurance.
- Use dehumidifiers: Basements, kitchens, and bathrooms typically have higher humidity levels. Since a basement apartment has all three, use a dehumidifier to prevent mold and mildew growth.
- Clear your emergency exits: Remove any items that could block your escape route in case of an emergency.
- Check smoke and carbon monoxide detectors: Test them regularly and replace the batteries as needed.
- Check your fire extinguisher(s): Regularly check the pressure gauge to ensure it’s within the recommended range and confirm that the expiration date hasn’t passed. Keep the extinguisher easily accessible and unobstructed for quick use in an emergency.
Basement apartment checklist for renters
Now that you know basement apartments can be both legal and safe places to live, you might be considering renting one. Before you sign the lease, though, use this checklist to assess the unit in question and make a more informed decision.
- Verify the unit is legal (ask the landlord or check with your city, if possible)
- Get a quote for renters insurance that includes coverage for water damage (confirm the price and ensure the unit is insurable)
- Ensure emergency windows and doors can fully open (no paint, locks, or obstructions)
- Look for water stains, mold, or mildew on walls and ceilings
- Confirm that smoke and carbon monoxide detectors are installed and working properly
- Check that the apartment has proper drainage (a sump pump, backwater valve, and drain tiles if necessary)
- Check for ventilation fans in the kitchen and bathroom, and test that they’re working
- Ensure the basement has proper lighting in all key areas, including exits
- Inspect the foundation and walls for cracks, leaks, or signs of water damage