2020 Spring Flood

COVID-19: Special measures

This information is directly from the City of Montréal and pertains to the following areas:

  • Pierrefonds-Roxboro
  • Ahuntsic-Cartierville
  • L’île-Bizard–Sainte-Geneviève
  • Senneville
  • Sainte-Anne-de-Bellevue.

Accommodation

As requested by the Quebec ministry of Civil Security, with the COVID-19 pandemic, the city is asking citizens living in areas at risk to think about where they could be able to stay in case of flooding.

Should you need to evacuate, contact your city by dialling 311. You will be temporarily relocated to a hotel in your area by the Red Cross and the Borough’s local aid representative will contact you for a follow-up.

Sandbagging and building dikes

Citizens who prepare sandbags or build dikes must comply with social distancing directives by remaining at a distance of 2 metres from any person who does not live at the same address, and by avoiding gatherings.

Read this document (in French) for more on how to build dikes in the context of the current pandemic.

Be prepared in case of flooding : Articles and Tips

Consult the City of Montréal’s Flooding page or your municipality’s website for more information.

COVID 19 Tenant FAQ

For further questions please contact the Régie du Logement at 514 873-2245 for more information. We would like to thank RCLALQ for compiling this information.

Visiting an apartment

The Prime Minister Minister François Legault announced during his press meeting of March 24th that he advised against apartment visits in order to respect social distancing. This information was later confirmed by the minister of Municipal Affairs and Housing, Andrée Laforest and by the Régie du Logement.

Before this announcement, the minister Andrée Laforest announced on March 19th 2020 new precautions to be taken for apartment visits.

Extermination

Ask the exterminator about the products used and the measures required. If you have to leave the apartment for a couple of hours, please follow the preventive hygiene measure (washing your hands, maintaining required distance, etc.)

Inquire as well about any additional measures taken by the exterminator in order to prevent the spread of COVID-19.

It is unfortunately possible that the city or municipality won’t send any inspectors to visit apartments during the pandemic. However, if you have any major problems such as rat infestation, you can contact and inform the city or municipality.

Rental board : hearings, filing an application, questions, etc.

As announced by the Minister of Municipal Affairs and Housing, Andrée Laforest, the Régie du Logement notifies its clients of the suspension of its hearings and therefore limits access to its offices until the end of the health emergency state.

Other than hearings ordered by the court for exceptional reasons, only hearings on matters that pose a risk to a person’s health or safety and those involving the issuance of an access order to the dwelling are maintained.

If you have a hearing scheduled, please verify the processing status of your case through the Online Services of its website, to find out if the hearing to which you were summoned is cancelled.

The Régie du Logement is temporarily interrupting its in-person information services. Consequently, all staff assigned to the in-person information service will be reassigned to the telephone services as well as to the processing of online requests and questions.

The Régie reiterates the possibility of filing an application online to the tribunal, of submitting documents related to an ongoing case or of learning the status of a case through the Online Services of its website. Should you require more information you can contact the Régie du lodgement.

Subletting

Sub-tenants may find themselves in situations where the tenants have returned earlier from their trips, or tenants wish to return to live int their apartment earlier than expected.

The subletting agreement terminates not later than the date on which the lease of the dwelling terminates. However, the sublessee is not bound to vacate the premises before receiving 10 days’ notice to that effect.

If the subletting agreement doesn’t specify an end date, the tenant may repossess the dwelling which his or her name figures on the lease, with a 10 days’ notice, even if the sub-letting agreement indicates another date. (C.c.Q. art. 1940 al. 2, Code civil du Québec).

However, if the sub-tenant refuses to leave, a judgement from the rental board is required to make them leave. (The decision of the rental board to hold hearings on this topic has not been made clear yet, under the circumstances.)

Non-renewal of lease and moving

It is too early right now to evaluate how long this pandemic will last. Within this context, it is reasonable that the public decision makers will ensure that tenants in confinement will not be forced to relocate quickly with no new apartment in sight.  Remain calm and respect the public health directives.

Maintenance work

Your landlord would like to do some work on the apartment during the pandemic and requests access to your apartment?

  1. Is the work required urgent (burst water pipe, major electrical problems, etc.)? If the answer is yes, ask your landlord that all people (landlord & professionals) having access to the apartment should respect hygiene measures (hand washing, liquid disinfectant, and minimal distance);
  2. If it’s not urgent work, discuss with your landlord the possibility of postponing the visit.
  3. Should you have reasons to fear for your health or security, for example, if you are over 70 years old, or a person with a chronic disease or immunosuppressed, we suggest you refuse the visit.

Rent payment

If you have difficulty paying your rent, due to loss of income or job in relation to the COVID-19 crisis, please know that the Governments of Canada and of Quebec have put in place assistance programs. This online tool can help you determine which government assistance program (federal of provincial) is available in your situation.

This document created and updated regularly by lawyers and law professors can answer your questions regarding employment regulations and government assistance programs.

If you are eligible for one of these programs, we suggest you fill out the online application as soon as possible, even if your employer has not provided you with your record of employment. For questions related to employment insurance benefits : https://www.lemasse.org/covid-19-et-assurance-chomage/
http://www.lecnc.com/membres/  and http://macmtl.qc.ca/groupes-et-ressources/

You can also reach an agreement with your landlord. Canada’s large banks have confirmed that this support will include up to a 6-month payment deferral for mortgages.

Your landlord will also show flexibility under these circumstances.

The fact that there is less rental income and maybe default of paying the mortgage will not result in seizure of the building by the bank.

Otherwise, if you cannot reach an agreement with your landlord, and you cannot pay your rent, know that the rental board has suspended all hearings regarding rent non-payment, as well as all decisions regarding eviction and repossession of apartments ( please see the following two points)

For the time being, the landlord has no legal means to evict you form the apartment.

Suspension of the effects of certain judgments: Repossession of a dwelling | Eviction

Following the Ministerial Order 2020-005 of the Ministre de la Santé et des Services sociaux dated March 17, 2020. The effects of any decision by the Régie du logement or any judgment by a tribunal authorizing the repossession of a dwelling is suspended during the health emergency state.

This suspension is also valid for evictions.  Therefore, you cannot be evicted during the health emergency state. However, there is an exception in this case if the lessor rented the dwelling again before March 17, 2020 and the suspension would prevent the new lessee from taking possession of the premises.

Cleaning point of entry and common areas

Many tenants, particularly those living in large housing units with numerous apartments, elevators, common areas and main entryway, that sees a lot of traffic, may wonder about the responsibility of the landlord to adopt stronger hygienic measures during the COVID-19 crisis.

The Direction régionale de santé publique announced that owners of residential buildings must put in place the following measures to stop the spread of the virus:

1.Clean and disinfect every day, and every 2 to 4 hours if possible, shared spaces (e.g. lobby, hallways) :

  • doorknobs
  • elevator buttons
  • all other surfaces in common areas.

2. No visitors

  • Exception: emergency repairs or humanitarian reasons (essential care, end-of-life situations, visits to a new mom, etc.) NOTE: No exceptions for people who have returned from travelling abroad less than 14 days ago or who have symptoms of COVID-19.

3. No gatherings

  • No visits to other apartments.

4. Delivery of food or other items only to the lobby

  • No delivery person should walk around in hallways.

Certain landlord associations also recommend to their members to clean more frequently the entryways and high traffic areas of the building.