Designated as a pandemic by the World Health Organization on March 11, and triggering the declaration of a health emergency in Quebec two days later, COVID-19 has had a significant impact on all segments of society.

When it comes to matters of residential leasing, there are many adjustments to be made by both landlords and tenants, and this newsletter is intended to provide an overview of the important issues. (This bulletin is current as of April 8, 2020, and does not reflect governmental measures taken or updated after that date.)

Measures Put in Place by the Government

The declaration of a health emergency gives the Government of Quebec the power to implement special measures in order to protect the population’s health.

Among the measures taken since March 11, 2020, the following are relevant for the purposes of this newsletter:

Suspension of the Effects of Eviction Judgments

• On March 17, 2020, the government ordered the suspension of the effects of any court judgments or decisions by the Régie du logement that authorize the repossession of a dwelling or the eviction of a tenant from a dwelling;
• This suspension does not apply if the dwelling was re-rented by the landlord before March 17, 2020, and where the new tenant would be prevented from occupying the dwelling;
• This measure will be in place for the entire duration of the health emergency;
• In exceptional circumstances, it is still possible to apply to the Régie de logement in order to enforce an eviction decision;
• Hearings scheduled before the Régie du logement that are deemed non-urgent will not proceed as long as the health emergency is in force;
• Hearings that raise a risk to a person’s health or safety and those concerning access to housing are considered urgent. Those relating to the non-payment of rent will have to wait until the end of the health emergency in order to proceed;
• Despite the current circumstances, rent remains payable by the tenant at all times;
• If a tenant fails to pay rent, it is possible to file an online procedure with the Régie du logement. These files will be processed and heard once the health emergency has been lifted;

Prohibition of All Gatherings

• On March 20, 2020, the Government prohibited all interior and exterior gatherings;
• On April 3, the Direction régionale de santé publique de Montréal required that the landlords of apartment buildings prohibit their tenants having visitors in their units, with the exception of emergency work and essential health care;
• Landlords of apartment buildings located in Montréal must ensure that their tenants are informed of the rules by publicly posting the Direction régionale de santé publique de Montréal directives;

Suspension of Non-Essential Activities

• On March 24, 2020, the Government ordered the suspension of all activities in workplaces deemed non-essential from the period of March 25 to May 4, 2020;
• Some of the services offered by property managers are on the list of essential services published by the Government, while others are not, and can therefore only be done remotely;
• In the case of this pandemic, building maintenance and upkeep have been identified as essential. Payroll and accounting services have received the same designation;
• Other administrative roles that are specific to property management are not included on the list. In particular, rental agents and customer service representatives are not listed;
• It is possible to check whether a company or one of its services qualify as essential by filling out the form available on the Government of Québec’s website;

The End of the Residential Lease

• As of the date of this newsletter, the Government has not announced that tenants who had elected not to renew their lease could maintain their occupancy of their dwelling;
• This indicates that, in theory, any tenant whose lease has not been renewed must leave the dwelling when it comes to an end;
• As a reminder, between three and six months before the end of a lease, the landlord must sent their tenant a notice informing them of the modifications they wish to make to the lease. The tenant then has one month to reply. Failing the tenant’s response, they are deemed to have accepted the landlord’s modifications and to have confirmed their intention to renew the lease.

Measures to Put in Place in an Apartment Building

To conclude, here is a brief summary of the measures that must be put in place in an apartment building in order to prevent the spread of COVID-19:

• Disinfect common areas several times a day (elevators, stairs, entrance doors, etc.);
• Close recreational common areas (pools, saunas, entertainment rooms, etc.);
• Restrict use of the elevators to only one person at a time (or to only the occupants of the same apartment);
• Display the rules regarding social distancing in common areas;
• Install antibacterial product dispensers at the entrances of the building.