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  1. #1
    Join Date
    Jan 2018
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    Default Is It Legal to Rent Out a Windowless Bedroom

    My question involves landlord-tenant law in the State of: West Virginia

    In September I was in desperate need to find a last minute apartment near my school. On Craigslist I came in contact with a girl who had a bedroom available at an affordable rate, $375/month with most utilities included. I toured the apartment and it was nice enough and the location was great so I went ahead and signed the lease. Fast forward 5 months and I am going insane over not having windows. I'm constantly sleeping in because there is no vitamin D coming into my bedroom. My mood is consistently down and really, it's very much like having seasonal depression all of the time. The apartment itself is pretty small so it's not very easy for me to have privacy if I'm not in my bedroom.
    I know that it is illegal to rent out a bedroom without windows for the most part but I have two concerns on my part:

    Since I saw the room before signing the lease, does that make it okay for the landlord to rent it to me?

    My bedroom door opens right next to the main apartment door, does that mess with the legality as well?

    Overall, I'm just wondering how hard it would be to get out of the lease and if it's possible, what can I say to my landlord to do so without loosing my deposit or facing a lawsuit on me?

  2. #2
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    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    It sounds like you're a subtenant; are you an authorized subtenant?

    I cannot find codes or regulations specific to this issue for your state; there may be such codes, or may be local regulation, but I'm not presently finding it.

    Typically a legal bedroom must have two means of exit -- meaning that it may be possible for a room to be a legal bedroom if it has no window, but in most cases the window would serve as the second means of exit.

    There is no reason that you can't have a bedroom adjacent to the entry to a building or, for that matter, you couldn't choose to set up your home so that people entered into your bedroom (if, for some reason, you wanted that).

    Meanwhile, try spending time outside of your bedroom; outside of the apartment, if necessary.

  3. #3
    Join Date
    Nov 2013
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    7,056

    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    Every inhabitable room needs an escape route. A window is usually that rout.

    The West Virginia Fire Commission has adopted statewide the IBC, IRC, IMC, IFGC, IPC, IPMC and IEBC for any jurisdiction that chooses to enforce codes.

    https://windowwellexperts.com/irc-co...west-virginia/

    So a bedroom without a window or a window that is not 5.7 square feet in area or less than 5 square feet below grade, violates the codes.

  4. #4
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    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    When a room is required to have two exits, although as previously indicated one of those exits may be a window, it remains possible for a room to have two exits without either of those exits being a window.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    Quote Quoting palmer71
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    Overall, I'm just wondering how hard it would be to get out of the lease and if it's possible, what can I say to my landlord to do so without loosing my deposit or facing a lawsuit on me?

    The trouble with a code violation is that it's between the owner of the dwelling and the city.

    The owner or tenant can rent you a closet and you would be stuck with it since you signed the contract accepting it.

    Your only way out without penalty (loss of deposit, lawsuit, etc) is to call the city (or county) code enforcement agency and ask for an inspection.

    If the enforcement agency cites the owner and tells you that you can't live in that room anymore, you are free to leave and seek the return of your deposit and any unearned rent (from your leave date forward).

  6. #6
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    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    Quote Quoting adjusterjack
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    The trouble with a code violation is that it's between the owner of the dwelling and the city.
    While a decision of housing authorities that the premises were not fit for habitation would allow the tenant to move over this type of issue without any recourse by the landlord, the failure of the bedroom to meet code as a habitable would also be a defense to any action by a landlord to enforce the lease or collect rent arrears under the doctrine of constructive eviction. Failure of rented premises to meet the requirements defined by the state's fire commission violates the warranty of habitability. See, e.g., Teller v. McCoy, 493 W.Va. 367, 253 S.E.2d 114 (1978).

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