# Basement door to back patio - is it egress?



## Edward415 (Oct 27, 2019)

Hoping someone can clarify an issue with a townhouse that I am renting.  In addition to the garage, the house has two exterior doors -- a street-level front door and a basement-level back door that leads to a back patio.  The back patio does not open directly to a public way, but you can eventually get to the street if you cut across my neighbors' patios and then around the side of their homes.  

My front door was damaged by someone who tried to break in, and it had to be boarded up.  That was three weeks ago, and the landlord still can't tell me exactly when it will be repaired -- so, for now, I have to use the garage to enter and leave.  

I see in R311.1 of the IRC, an egress door is required to "open directly into a public way or to a yard or court that opens to a public way."   Here's my question - does the basement back door meet this requirement, since you can eventually reach the street from the back patio?  The stairs leading to the basement and the landings seem to meet the requirements.  I was going to call the county building inspector, but then I found this forum and thought maybe someone could shed a little light on this.  

Irrespective of whether it meets code, is this a serious safety issue, and should I even be staying here?  If the garage door opener isn't working, I can't reach the manual release without a ladder or stool.  And I'm thinking that it could be difficult for EMTs or other first responders to get inside in the event of an emergency.    

If anyone has thoughts on this, I'd greatly appreciate it - thanks!


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## cda (Oct 27, 2019)

Welcome


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## e hilton (Oct 27, 2019)

Regardless of code, you need to send a registered letter, receipt required, to the LL stating the facts of the situation.  Give the date of the damage and ask when it will be repaired to the condition it was when you rented.  Tell them you don’t feel safe, and it is inconvenient.   You can also send an email, with a read receipt, stating the same thing.  Don’t mention the code official, or the code ... what you want to do is memorialize the situation and go on record of notifying the LL in writing ... which is probably required by some fine print in the lease.


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## cda (Oct 27, 2019)

Well I would hate to have to exit through the basement, in the middle of the night, when I am disoriented.

Is the front door some special type/ decoration ??

Or just a plain old wood or metal slab door?


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## Edward415 (Oct 27, 2019)

cda said:


> Well I would hate to have to exit through the basement, in the middle of the night, when I am disoriented.
> 
> Is the front door some special type/ decoration ??
> 
> Or just a plain old wood or metal slab door?



It's definitely more of a custom door, and I assume the HOA has specific requirements about how it looks and the color it is stained.  But if it's going to take a lot of time to find or make the door, the landlord could still install a temporary door.


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## Edward415 (Oct 27, 2019)

e hilton said:


> Regardless of code, you need to send a registered letter, receipt required, to the LL stating the facts of the situation.  Give the date of the damage and ask when it will be repaired to the condition it was when you rented.  Tell them you don’t feel safe, and it is inconvenient.   You can also send an email, with a read receipt, stating the same thing.  Don’t mention the code official, or the code ... what you want to do is memorialize the situation and go on record of notifying the LL in writing ... which is probably required by some fine print in the lease.



Good thought -- I've exchanged several emails with the management company, so there's no question that they have been aware of the issue, but I think it would be good to document the safety concern.  Utah also has a process where you can deliver a notice of an unsafe condition - if the landlord doesn't fix it within 3 days, you have the right to terminate the lease, and I'm at the point where I would be happy to just get out of the place.  I'm going to try to find a lawyer tomorrow to advise me on this remedy.


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## cda (Oct 27, 2019)

Edward415 said:


> Good thought -- I've exchanged several emails with the management company, so there's no question that they have been aware of the issue, but I think it would be good to document the safety concern.  Utah also has a process where you can deliver a notice of an unsafe condition - if the landlord doesn't fix it within 3 days, you have the right to terminate the lease, and I'm at the point where I would be happy to just get out of the place.  I'm going to try to find a lawyer tomorrow to advise me on this remedy.




If you go breaking the lease route, make sure you do it per the lease, or it could cost you.

Do as advised registered letter, maybe overnight it.

Yes it is a safety issue. A house is normally required only one exit.

I would not consider the basement to be it. 

Is this a one story house?? Besides the basement.


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## Edward415 (Oct 27, 2019)

cda said:


> If you go breaking the lease route, make sure you do it per the lease, or it could cost you.
> 
> Do as advised registered letter, maybe overnight it.
> 
> ...



It's a three story townhouse, with the ground sloping down in the back.  Top floor has the bedrooms; the main floor is at street level with the front door and garage, and then there's the basement level that opens to the back.  I also forgot to mention that there are no windows at street level -- all of the windows on the main floor face the back, and they are elevated because of the slope.  That's another reason why it feels unusually dangerous.


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## cda (Oct 27, 2019)

Yep definite a problem


Make sure the third floor windows open easily!!

And there are working smoke alarms on ALL levels.


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## ICE (Oct 28, 2019)

I doubt that a short term inconvenience is sufficient cause to break a lease.


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## JPohling (Oct 28, 2019)

ICE said:


> I doubt that a short term inconvenience is sufficient cause to break a lease.


I think he was headed towards the unsafe condition clause he mentioned, not for inconvenience


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## ADAguy (Oct 28, 2019)

1. 1st floor is one story above grade in the rear, therefore the second floor bedrooms are two stories above grade, therefore the 2nd floor windows cannot serve as exits? 
2. You said the basement door was broken, not the ground floor, right?
3. Does your state have habitability laws for rentals?


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