What to Do When Your Legal Basement Apartment in Toronto Isn’t Recognized by the Owner
Your sister may be facing an issue regarding the legality of her basement apartment in Toronto. As the owner of the house, she discovered that the apartment might not be legally recognized. This can lead to several concerns regarding legal and financial obligations. In this article, we will explore the steps your sister can take to ensure the apartment is recognized as legal and the options available in case fraudulent misrepresentation is involved.
Understanding the Legal Status
The legal status of a basement apartment can vary based on several factors, including the age of the house, local regulations, and the duration the apartment has been in use. It is crucial to determine what laws and bylaws apply to the specific circumstances of your sister's situation.
Research and Documentation
First, your sister should gather information about the history of the property. This includes any older real estate ads or documentation that mentions the existence of the basement apartment. This can help in proving that the apartment has been in use for a significant period, making it eligible for legalization under certain bylaws.
Consulting Local Bylaws and Regulations
To ensure the legality of the basement apartment, your sister should contact the relevant local government offices or bylaws department. They can provide guidance on how to legalize the apartment according to local regulations. This process often involves obtaining necessary permits, making structural and zoning changes, and ensuring the building codes are met.
Options for Legalization
Based on the findings from the research and consultation with local authorities, there are several steps your sister can take to legalize the basement apartment:
Grandfathering In
If the basement apartment has been in use for a long time (often defined by local bylaws), it may be eligible for "grandfathering" into legality. This involves applying for a permit that recognizes the current use of the space as a legal dwelling.
Structural and Safety Upgrades
Some older basement apartments may require costly renovations to meet current building codes and safety standards. Your sister should consult with a structural engineer and a local code inspector to determine the necessary upgrades. These might include installing proper fire codes, insulation, and electrical systems.
Sale or Conversion
In some cases, it might be more cost-effective for your sister to sell the basement apartment as is or convert it into another use (such as a home office or storage space) that does not require legal recognition.
Addressing Fraudulent Misrepresentation
If your sister was told the basement apartment was legal and the real estate listing indicated the same, there is a possibility of fraudulent misrepresentation. In this case, she can consider suing the real estate company and the previous home owners. It is important to consult a lawyer to understand the legal rights and pursue this option if appropriate.
Conclusion
Your sister's discovery about the legal status of her basement apartment in Toronto is a significant issue that requires careful consideration and action. By understanding the local bylaws, legal steps to legalize the apartment, and the potential for fraudulent misrepresentation, your sister can navigate the situation more effectively. It is recommended to consult with legal and real estate experts to ensure she takes the necessary steps to secure her rights and the future of the apartment.
References
[1] City of Toronto Zoning Bylaw, Municipal Code
[2] Real Property Law in Ontario, 2022 Edition
[3] Consulting with a structural engineer and a code inspector, 2023