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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5272
Experience:  16 years of legal experience including real estate law.
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Hi, i am going to but townhome in Ashburn VA, it has a walk

Customer Question

Hi, i am going to but townhome in Ashburn VA, it has a walk level basement which has a separate entrance, this enternace is a sliding door. I want to rent but i am not sure if it is legal or not.So i think of signing a roommate agreement with a tenant to rent him the basement ? is this legal ? in this case how would the agreement look like ? and can i put a stove top in the basement ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Attorney2 :

Hello and thank you for your question.

Customer :

Hello

Attorney2 :

Do you have an associaiton

Customer :

do u mean HOA ?

Attorney2 :

Yes HOA

Customer :

yes i do

Attorney2 :

Do you know if the bylaws will allow you to rent part of your home?

Customer :

what is the bylaws ?

Attorney2 :

An HOA has a set of bylaws that are the rules and regulations that govern the HOA

Customer :

i don't know, how can i get this ?

Attorney2 :

You should have been provided a copy when you purchased the home. Do you pay dies?

Attorney2 :

sorry "dues"

Customer :

i didn't purchase the home yet, i will purchase it and i want to know about the possibility of renting the basemenet before purchasing it

Attorney2 :

Just make sure the rules and regulations do not restrict who can live in your home.

Customer :

how will i know before buying it, that's why i am asking

Attorney2 :

You need to ask the HOA for a copy of their rules. Let them know you are considering purchasing the property. Some HOA's post the rules and regulations on line. What is the name of the Association?

Customer :

Broadlands South in Ashburn VA

Customer :

i couldn't find it online

Attorney2 :

Let me check.

Customer :

i mean find their rules online

Customer :

ok

Attorney2 :

I see that they have a site and I am not seeing the rules.

Customer :

yes, so let's assume the worst case, if they have a rule banning renting the basement

Customer :

can i still have a room mate agreement with someone and let him stay in the basement ?

Attorney2 :

If you are aware that you could have an issue with the HOA, yes you can rent the basement.

Customer :

i don't get it

Customer :

if i have an issue i can rent, what do u mean ?

Attorney2 :

If the association does not allow you to rent than you would be violating the rules. If they allow you to rent you are good to go.

Customer :

but if they don't allow me, will the room mate agreement still be considered violation ?

Attorney2 :

When you live in a community that is under an HOA they make the rules. That is why I was asking you for information on the bylaws. There is no violation in the city for having a roommate.

Customer :

u mean in the city of Ashburn ?

Attorney2 :

Correct.

Customer :

good, if the HOA says you can not rent a basement, this means that i can;t have a lease agreement with someone, this is understood. But in this case if i sign a room mate agreement with someone saying he will be staying with me, is this considered a rent ? a violation ?

Attorney2 :

A rent violation by the city?

Customer :

1. by the city - 2. by HOA

Attorney2 :

We would need to see the bylaws to see if this would be an HOA violation. I do not see why having a roommate would be a rent violation in the city?

Customer :

ok, if it is HOA violation, what will be the consequence ? is it a crime ? will i go to jail ? pay a fine ? what will happen ?

Attorney2 :

The association can charge you fines. No you would not go to jail. It is merely a violation of the rules.

Customer :

and won't give me a criminal record or something ?

Attorney2 :

No. Just check out their rules and see if they have any restrictions on guests, renters etc.

Attorney2 :

HOA's can be very demanding.

Customer :

ok, so u said in Ashburn the room mate agreement is fine

Customer :

but in Ashbutn, is renting a basement OK ? i ask about renting not room mate agreement ?

Attorney2 :

I do not see any prohibition to a roommate agreement.

Customer :

what about renting (not room mate agreement) ?

Customer :

renting the basement ?

Attorney2 :

It is legal to rent out part of your home. The only thorn would be the HOA and hopefully they are fine with it too.

Customer :

ok i see

Customer :

what about adding a stove top to the basement ?

Attorney2 :

No kitchen in the basement. If this would be a fire hazard.

Attorney2 :

You would check that with the city and they most likely agree that the sliding glass door make the arrangement safe.

Customer :

ok, how would the room mate agreement look like ? i found templatesz online but they are between two room mates who are both renting from a landlord. In my case i am the landlord and i just want to bring a room mate in, so do u have a template for that ?

Attorney2 :

You would use a standard lease. Let me provide you with templates.

Customer :

ok

Customer :

if i get the HOA rules tomorrow, can i send them to you ?

Attorney2 :

Please do. I want to make sure you are good to go.

Customer :

so can u give me an email address ? how will i sent it to you ?

Attorney2 :

You would email it to experts@pearl.com

Attorney2 :

reference this question http://www.justanswer.com/real-estate-law/7whru-hi-going-townhome-ashburn-va-walk.html

Attorney2 :

and tell them you are working with Attorney2. Hang on a moment I have templates for you.

Customer :

ok

Customer :

hanks

Attorney2 :

You are most welcome.

Attorney2 :

Thank you for using JA!

Customer :

ok, thanks

Attorney2 :

I am sorry that you were unhappy with my service

Attorney2 :

Did you have any additional questions for me?

Expert:  Attyadvisor replied 1 year ago.
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