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  1. #1

    Default Bedroom Does Not Qualify As a Bedroom

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

    I moved to Philadelphia a bit over a year ago. Someone from my place of employment contacted me beforehand looking for a roommate and I agreed. He found the place and sent pictures but withheld measurements and some other crucial details meanwhile indicating how urgent it was that we apply and sign before we lose the place. After I moved the room was WAY smaller than he had led me to believe, basically fitting only a full bed and a small chest of drawers; I had to turn sideways to walk around from one side of the bed to the other. I learned later on that the room was actually used as an office space by the previous tenant. I lived with it for the first year and got accustomed to the place, primarily not wanting to deal with moving hassle. A month after our lease renewed, my girlfriend moved up to Philly to start grad school. I found someone to take over my lease and found a new place. However, just before the new tenant signed the lease, he pulled out as he ran into some financial problems. I've had no luck finding a new tenant since given how small and expensive the room is for what it's worth.

    I came across sources that state that an individual bedroom in Pennsylvania must be 80 square feet and have a source of centralized heating (no space heaters) to qualify as a bedroom. My 'room' is a far cry from these requirements. Would these be adequate grounds for me to exit the lease, and perhaps get some money back?

  2. #2
    Join Date
    Jul 2018
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    Default Re: Bedroom Does Not Qualify As a Bedroom

    Quote Quoting phillyrentaltrouble
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    He found the place and sent pictures but withheld measurements and some other crucial details meanwhile indicating how urgent it was that we apply and sign before we lose the place.
    First of all, you wrote that he "withheld" this information, but what I assume you really meant to write was that he simply didn't include that information. Correct? Second, is it correct that you did not inquire about the "measurements and . . . other . . . details" despite your present contention that those other details were "crucial"?


    Quote Quoting phillyrentaltrouble
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    After I moved the room was WAY smaller than he had led me to believe
    What exactly did he do to lead you "to believe" that the room was any particular size?


    Quote Quoting phillyrentaltrouble
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    I came across sources that state that an individual bedroom in Pennsylvania must be 80 square feet and have a source of centralized heating (no space heaters) to qualify as a bedroom.
    Can you provide a link or citation to these "sources"?


    Quote Quoting phillyrentaltrouble
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    Would these be adequate grounds for me to exit the lease, and perhaps get some money back?
    I doubt it. Your lease is with your landlord, not your roommate, and your lease makes no mention of any representations by your landlord. Even if they were, you may have a big problem with the facts that you apparently signed a lease sight unseen and then lived there for over a year and a month without apparently voicing any objection and you even renewed the lease.

  3. #3
    Join Date
    Mar 2013
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    Default Re: Bedroom Does Not Qualify As a Bedroom

    Quote Quoting phillyrentaltrouble
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    I came across sources that state that an individual bedroom in Pennsylvania must be 80 square feet and have a source of centralized heating (no space heaters) to qualify as a bedroom. My 'room' is a far cry from these requirements. Would these be adequate grounds for me to exit the lease, and perhaps get some money back?
    No.

    Not unless you report the room to the proper authorities and those proper authorities order that the room no longer be used as a bedroom.

    Without government sanction you are stuck paying for the room.

    Lesson learned: Go LOOK at a place before you commit to it.

    PS: What sources? I'm betting they are not actual statutes or codes. And if they are, what are the penalties for not complying?

  4. #4
    Join Date
    Jan 2011
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    Default Re: Bedroom Does Not Qualify As a Bedroom

    Quote Quoting adjusterjack
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    What sources? I'm betting they are not actual statutes or codes. And if they are, what are the penalties for not complying?
    He probably misread this:
    https://www.pacode.com/secure/data/0.../s6400.81.html

    If you read the whole chapter of law and not just that portion, it's obvious that it applies to people who are disabled living in community/group homes, and not for rentals.

  5. #5
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    Mar 2013
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    Default Re: Bedroom Does Not Qualify As a Bedroom

    That's right. It's part of Chapter 6400. Community Homes For Individuals With An Intellectual Disability:

    https://www.pacode.com/secure/data/0...ap6400toc.html

  6. #6
    Join Date
    Nov 2015
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    Default Re: Bedroom Does Not Qualify As a Bedroom

    Researching construction codes online is a shocking pain as they are documents created by private groups and are proprietary. That said, bedrooms generally have a few requirements that span the US. One important one is there there must be a secondary means of egress which can be an appropriately sized window or, of course, a door that leads outside. A source of heat that is permanently installed such as vents to a central system or baseboards, radiators, etc. Light is also a requirement but that doesn't mean it has to be only in the ceiling, receptacles, properly spaced in a wall, are also acceptable unless the state or municipality modifies the National Electric code.

    You have few options here but the best is to just move out and to report the use of a storage closet (or "office") as a bedroom. This may provide some protect for you against a lawsuit for breaching your lease.

  7. #7

    Default Re: Bedroom Does Not Qualify As a Bedroom

    Thank you for the clarification! That is indeed what I was looking at.

    Apologies for any confusion. I requested the measurements and additional pictures several times and they were not given. I asked several questions regarding what kind of furniture, what size bed, etc. I could fit in and was told that a queen-sized bed could fit, with space left over. The bed I purchased in turn was a queen-sized and had to be returned since it didn't fit flat in the room.

    The primary source is listed below in one of the other replies and this is similar to the other one https://philly.curbed.com/2018/1/3/1...-hot-water-311

    My question was regarding actions I can take to exit the lease using the lack of heating and space as justification, not anything to do with the representations of the space.

  8. #8
    Join Date
    Nov 2013
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    7,056

    Default Re: Bedroom Does Not Qualify As a Bedroom

    You members should have looked at the Philadelphia Building Code.

    R304.1 Minimum Area

    Habitable rooms shall have a floor area of not less than 70 square feet (6.5 m2).

    Exception: Kitchens.

    R304.2 Minimum Dimensions Habitable rooms shall be not less than 7 feet (2134 mm) in any horizontal dimension.
    https://up.codes/viewer/philadelphia...-planning#R304

    In addition, a landlord must obtain a A Certificate of Rental Suitability issued by the Department no more than sixty (60) days prior to the start of tenancy. This is to assure that the rental meets all zoning and housing codes.

    https://www.phila.gov/li/Documents/p...sinhousing.pdf

    IMO OP could break the lease if there is no certification or there is a violation of the code.

    You can also check out the title 4 the building construction and occupancy code Philadelphia.

    https://www.phila.gov/li/codesandreg...ges/codes.aspx

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